limitations on arrears

[Kelly Burr]

What is the name of your state (only U.S. law)? Nevada Can anyone tell me if there is any kind of statute of limitations on collecting child support arrears?Can the defense of laches be used in this kind of case? CP chose to wait 12 years after divorce was final to pursue collections of arrears, and the children were then 26 and 28 years old? We are in the middle of doing a modification due to his permanent disability, and need all the ammo we can get.

 

[Drake01]

Currently there is no SOL on CS arrears in Nevada, of course you need to consult with an attorney. Given the age of the CS order the law may have been different at the time and a SOL may apply to your case.
A person certainly could use an estoppel based defense, especially given out out of date these supposed arrears are and the timing at which you're trying to "get ammo." In short, a judge will not look favorably on waiting until this disability has come into play to enforce child support arrearages that are many years old when a remdy should have been sought at the time when the support fell into arrears.

 

[LdiJ]

What is the name of your state (only U.S. law)? Nevada Can anyone tell me if there is any kind of statute of limitations on collecting child support arrears?Can the defense of laches be used in this kind of case? CP chose to wait 12 years after divorce was final to pursue collections of arrears, and the children were then 26 and 28 years old? We are in the middle of doing a modification due to his permanent disability, and need all the ammo we can get.

Define "permanent disabilty" as it applies to the dad in this case...and explain how much income he is receiving as a result of his permanent disability and where that income is coming from. Those answers wlll be factors.