Are there statute of limitations on back child support
West Covina, CA
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Posted about 1 year ago in Child Support
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back child support:
Is there a statute of limitations on owed child support ?
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Answers (2)Peter Christopher Lomtevas
This attorney is licensed in Georgia and 1 other state.
Posted about 1 year ago.
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The federal government preempted the field of child support, but to make it look like it is still a state power, each state was given the task of affixing a statute of limitations for support arrears collectibility.
I am not admitted in California, but I do know that pursuant to Cal. Fam. Code Ann. § 4502; see also In re Marriage of Garcia, 67 Cal. App. 4th 693, 79 Cal. Rptr. 2d 242 (1997), there is no limitations period on a judgment (of child support). This differs dramatically from states like New Hampshire that have a 6 year statute for each installment. Since Congress decoupled the right to visitation from the right to child support, child abductions are now a national sport. In states like New Hampshire, the abducting parent is capped on their windfall but in states like California, the abducting parent gets the full arrearage once she resurfaces and files her claim with the local family court under the provisions of UIFSA. I practice national parental alienation law and these are the considerations absconding parents make. For the innocent custodial parent who remains in place, you are at the mercy of your local procedural codes that dictate these kinds of judgments. You are lucky if you live in California. VILLA1210
Posted 8 months ago.
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IS THERE A CALIFORNIA STATUE/CASE LAW IN WHICH I COULD ATATCH BACK OWED CHILD SUPPORT ON A FAMILY TRUST? ,ALSO COULD I STILL COLLECT FOR MY DAUGHTER EVEN THOUGH HER FATHER IS ON SSI/DISABILITY?
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