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Child support not subject to statute of limitations

On Behalf of | Apr 15, 2019 | Child Support, Firm News |

Divorce is seldom easy and can be especially difficult when small children are involved. Child support is frequently part of a divorce settlement where one parent typically pays a specified amount to the other parent, usually on a monthly basis. There are many cases of people owing back child support payments. There is no statute of limitations on child support payments in California.

A recent case involves a divorce that was settled more than 50 years ago. The woman and her husband divorced when their daughter was 3 years old. A judge had ordered that the father pay $210 per month until the girl turned five and then pay $160 per month until she turned 18. The father relocated to Canada shortly after the divorce and did not pay child support.

The woman recently had reason to believe that her ex-husband had returned to the United States. She took her suspicions to San Diego County Child Support Services. They confirmed via tax records that he was living in Oregon. He appeared in court recently, and a settlement was reached whereby the woman will receive $150,000. The original amount of child support would have been $35,000 but the accrued interest increased the amount substantially.

Child support is intended to help the custodial parent close the financial gap in child care expenses caused by the breakup of the marriage. Due to there being no statute of limitations, the debt owed may be collectable at any time. A person in California who believes he or she may be owed back child support may benefit from a consultation with a family law attorney. A lawyer can review the facts of the case and advise the client as to what legal options may be available.


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