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Is there a statue of limitations on child abuse? Is there a limitation of time to request back child support (5 years)

Vacaville, CA |

Just seeking advise before proceeding

Attorney Answers 2

Posted

Your question leaves a lot of questions. However, to answer directly what you have asked, yes, there is a statute of limitations on one's ability to report child abuse insofar as the ability to sue the culprit. It is age 26 for the minor, unless he or she can prove by expert testimony that he or she has emotionally/mentally suppressed the abuse. If so, there is no age limit, but one must file a lawsuit within two years of the time that the expert would attest that the memory of the sexual abuse was recovered. With respect to your right to request "back" child support, no, there is no statute of limitation. If the court made an order for child support, and the obligor failed to follow that order, then the order lives until the obligor dies. Even then, the obligee is a priority debtor who will be the first to receive whatever is due from the estate of the deceased until the estate is depleted. Further, that money goes to the parent to whom the child support was ordered to be paid, not to the child (because, in theory at least, that parent paid the costs of raising the child while the scofflaw disregarded his or her obligations).

The following answer represents the legal opinion of the attorney regarding a hypothetical situation. It is not intended as legal advise in an attorney/client situation. The answer to the question posed is not to be relied upon as legal advise. The questioner is advised to independently seek the counsel of a qualified lawyer with whom he or she can establish an attorney/client relationship.

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Posted

GO FOR IT, DEAD BEAT DADS NEAD TO BE BEATEN (CANED IN SINGAPORE)!

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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