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

Asked over 1 year ago - Vacaville, CA

Just seeking advise before proceeding

Attorney answers (2)

  1. Mark Allen Massey

    Contributor Level 8


    Lawyer agrees

    Answered . 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... more
  2. Stephen Ross Cohen

    Contributor Level 20


    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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