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Is there a statute of limitation on back child support owed to the state of new york?

New York, NY |

i left the u.s 23 years ago because of a difficult family situation nonetheless i kept contact with my child.(having him come over for summer,christmas and whatever other vacation time available he even stayed with me for 3 years). in all this time i refused to pay the state what it was asking for child support(to be explained at lattertime). i know owe 40,000 dollars and have no way of extinguishing the debt any time soon.

Attorney Answers 2

Posted

Yes, it's 20 years, but the problem is that the statute of limitations extends to each period of time you violated. In other words, you MAY be able to avoid 3 years worth of arrears (unless there were subsequent orders or judgments), but not the remainder of the arrears. It's probably best that you seek to cut a deal.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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Asker

Posted

No one was informed at child services that he was with me.my son was basically clandestine but was able to get him into international school for cheap because of a good friend in a high place.

David Ivan Bliven

David Ivan Bliven

Posted

If the child was actually residing with you and the "custodial parent" was committing a fraud, then not only should you report this but it may be a basis to wipe out the arrears (DSS would then sue the "custodial parent" for what was paid out in benefits for the child who wasn't living with him/her). * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

Posted

It's twenty years for orders of support entered after August, 1986. However, your violation keeps advancing so the number of years never drops.

Remember the mother holds the power to waive support, not the court. A deal cut with her is the only way to avoid a $40K arrearage, but why would she take less?

Good luck.

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