Legal Question in Family Law in California
Child Support Arrears Statute of Limitations in l983
In July of 1983, Santa Clara County, Ca registered a
cs order against me that was made in Mendocino Cy 12/72.
All payments were current on that order; but in early l984,
SC County came after me under an order for support they
issued in May, l970; that I believe was nullified by the
reconciliation of my then wife and I in July 70, said
reconciliation lasting until Nov l972 during which time we
lived in Mendocino County; not SC county.. I hold that the
order of 1970 was nullified by reconciliation and that SC
had no business reaching back 14 years to collect in l984?
They are still after me for this, claiming there is no
statute of limitations. Is there?
No arrears were claimed in l983 when they registered the
Mendo Cy support order in SC county.
thank you,
Dave--name removed--
3 Answers from Attorneys
Re: Child Support Arrears Statute of Limitations in l983
There is a probability that you are correct and payment on the later order satisfied the earlier order, but you are going to need to get a judge to make that order. I don't see any way around retaining an attorney. He will need a lot more facts, and since this is not a case that we see everyday, he will need to put together some legal arguments about the law for the judge. Good Luck, Pat McCrary
Reply: Child Support Arrears Statute of Limitations in l983
There is no statute of limitations on child support collections, but you may have some "limited" defenses such as "latches" and "estoppel".
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Child Support Arrears Statute of Limitations in l983
During the time that you and your ex were living together you fulfilled you duty to support her and any children.
California child support law has been changing during the past few years. The defense of laches is no longer available except when the arrears are owed to the state.
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