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

Asked 11 months ago - 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)

  1. David Ivan Bliven

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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.

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  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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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