Legal Question in Family Law in California
Statute of limitations re: child support
My mom wants to look into suing my dad for child support. He paid for a few months, but it has been 20 years. Is there a time limit?
Also, can he protct certain assets, like his house?
Thank you,
1 Answer from Attorneys
Re: Statute of limitations re: child support
There's no statute of limitations, but your dad could claim that she unduly delayed and therefore shouldn't be able to collect (a legal claim called laches). There's a new court case that makes it harder to make a claim of laches....but 20 years is a long time.
Your dad's house probably would not be exempt from a lien for child support.
I guess the bottom line is what is her goal? College tuition money for you? Something specific she needs from him? If she has a specific goal, maybe he'll agree to pay for whatever that is, and she'll be satisfied and so will he. Encourage her to talk about it with him before she files papers.
good luck!
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