0
Is there a statute of limitations on child support claim by an out of marriage mother in the state of Texas?
Wiki User
∙ 14y ago
Texas has no SOL for child support it must be "paid in full". If there is no court order for support the petition must be filed before the child or children reach the age of 18. If there is a court order the support obligation must be paid in entirety. This means that even when the child/children reach the age of majority (18) any amount in arrears still must be paid. The court will determine if it is to be paid to the child or to the custodial parent or a combination thereof.
Wiki User
∙ 18y ago
Wiki User
∙ 12y agoSome states do not have any SOL's on child support when a court order is in affect and a state's deparatment of social or family issues is involved.
Other states have statutes that specify SOL on child support by the years that are affected.
Example: In MO. child support arrearages are recoverable if an order is in place and not more than 10 years has expired from each birthday. For a 1-year-old arrearages are collectible before the child reaches ll, 2-year-old until 12 and so forth.
The legal age of majority for MO. is 18 therefore it is conceivable that arrearages could be collected until the person in question reaches the age of 28.
All such laws in any state depend upon there being a valid child support in affect and the individual circumstances.
Wiki User
∙ 15y agoNope ... the debt is owed until paid, even if the child has attained the age of 18 or beyond. The other spouse may, as an option, file charges in court for payment - and you could be facing "contempt of court" if one still fails to pay the debt. Jail time could be a possibility for non-payment, too.
Wiki User
∙ 14y agoNo, in like violations of court ordered visitation of 30 days, there's no limit on recovery of child support. But, once the children are past the age of majority, the claim must be renewed every 24 months.
Of the two, denial of visitation is far more damaging to the child and society. see link
Wiki User
∙ 12y agoStatute of limitations can apply to many things. For debts in Texas it is 4 years. For personal injury it is 2 years. For criminal charges, it can vary from a couple of years to none, such as for sexual offenses with DNA evidence available.
Wiki User
∙ 14y agoRetroactive is 5 years. Arrears, there is none under federal law, but the obligee must maintain the claim.
Wiki User
∙ 14y agoFor past-due support (support that's been ordered but not paid) there is no statute of limitations.
On a new retroactive order, five years filed before age 18 of the child.
Wiki User
∙ 14y agoA custodial parent may always file a claim for child support, but there might be a limit on the amount of retroactive support ordered.
Add your answer:
Earn +20 pts
Can a mother get child support for her child if the child is35 and she never order the father to pay?
In most cases, no. 35 is well beyond the statute of limitations for most states.
What is the Nebraska statute of limitations for a mother to establish paternity?
4 years from birth of child. see statute 43-1411
Is there a statute of limitations on child support arrearage in Florida?
There is, but it varies depending on your arrearage. Failure to support is what is called a continuing condition. In other words, every month you fail to pay, the charge remains. Therefore, the statute of limitations does not even START until your youngest child is 18. Then, the clock starts ticking on the statute of limitations. If, at that time, you owe less than $25,000, the statute of limitations is three years. If you owe more than $25,000, the SoL is five years.Failure to support is a Class B felony and can rack up some serious jail time and hefty fine on top of child support payments. Arkansas is one of the states known to seriously go after "deadbeat" parents, both moms and dads.
If two parents sign their rights away can the mother collect back child support?
Yes, if it was owed to her (i.e., not to another relative or the State as reimbursement for assistance provided). There is no statute of limitations on collecting past-due child support.
Can a mother file a claim on father's estate for back child support if case was dismissed 30 years ago?
It is very doubtful. Thirty years is well past the statute of limitations for debts.
Your wife's mother died but her father owes a lot of money in child support how she get the arrears he is about to get a lot of money?
You should consult an attorney to discuss your options and whether a child can sue for back child support in your state. There may be a statute of limitations.
Coulda mother claim child support at fathers death 50 years later?
She could file a claim against the estate for the unpaid balance, if any, of support that accrued while the children were minors. There is no statute of limitations on collecting past-due child support.
Can your dad have to pay child support if he never did and your adult now?
In most states, no. The statute of limitations in most states require that child support be requested before the child reaches the age of majority. If you are past the age of majority, your mother cannot request child support anymore.
Qhat is the Statute of limitations for child support in Connecticut?
None on collecting arrears, but for filing a new order, it has to be done by the mother before the age of majority of the child, and the child can do it for one year after, retroactive five years.
Can a 35 year old adult child collect back child support from his biological father in new york state after the mother who never filed for child support is dead?
No. The statute of limitations for child support arrears in New York is twenty years from the date of the default. However, in your case it seems that your mother never obtained a court order for child support. You have no cause of action.
Can the mother get child support if the father never paid but the child is 35?
If there was an order in place, it's enforceable - there's no statute of limitations on collecting past-due child support. If no order was ever entered, it's too late now unless the child is severely handicapped.
May the father of the child waive child support arrears if they both have joint custody but father has physical custody and mother has child for summer and holidays?
No. If there's a court order against the father, which resulted in any kind of arrears, the father is still responsible for it. Arrears are paid and there's no statute of limitations on it, as well as, any support and/or custody modifications.
