Does an Active Court Order trump the Statute of Limitations?

Asked 7 months ago - Port Tobacco, MD

I have a court order(June 2009) that is still active that incorporates our Parenting agreement. In this order, it states that the parents will split the child's medical costs 50/50, and reimbursed accordingly also. I have been sending medical bills to the other parent for reimbursement since this Order was adopted, she has refused to pay me. Now that she is paying me child support, these expeses are considered support and the SA's office is taking her to court, but only enforcing bills within the last three years because the rest are beyond the Statute of Limitiations. I thought these bills would still be reimbursible since we have an Active Order stating as such. The child is 13 yrs old, if that matters.. The Court Order mentions nothing about State Statutes/Law, etc trumping it.

Attorney answers (3)

  1. Amanda Elizabeth Schmidt

    Contributor Level 11

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    Answered . There is a 3 year statute of limitations for filing a contempt proceeding for failure to pay child support; however, you mentioned that you have a parenting agreement incorporated into a court order regarding the split of the medical costs. This does not fall under the 3 year statute of limitations, but the 12 year rule. The SA's office may be reluctant to pursue this since it is not direct child support. You should speak with an attorney regarding the possible pursuit of a breach of contract/enforcement action.

    This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship.... more
  2. Bennett James Wills

    Pro

    Contributor Level 17

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    Answered . Statutes of limitation only prevent a lawsuit from being filed or it can be used as an affirmative defense. You already have a court order - so that takes precedent. However, to enforce a court order, you would need to file a petition for contempt if she has not complied with what the judge ordered, which you can still do.

    This is not legal advice nor does it create an attorney-client relationship. This is for education and... more
  3. Stephen Ross Cohen

    Contributor Level 20

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    Answered . There is no statute of limitations for child support in California.. Look at your order what does it say about medical expenses,

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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