Legal Question in Family Law in Maryland
Statute of Limitations for Paying Child Support
When my spouse(the custodial parent)and I separated, it took me awhile to get back on my feet. We had a 'verbal' agreement that I would pay child support when I was financially able to - which I did, although I do not recall how long after the separation that I began making payments. I've remarried & moved (still in MD) & lost years of cancelled checks including ones made out to my spouse, who claims that I owe X amount of money. I believe this amount is exagerated and do not have records to verify. I've checked with my bank, however, they do not keep records past 7 years. Since there was no written agreement other than the court order, am I still required to pay this amount - going by my spouse's records, or is the a statute of limitations on such an issue?
1 Answer from Attorneys
Re: Statute of Limitations for Paying Child Support
There is no statute of limitations on child support which is ordered by the court, but any child support agreed to verbally before it is ordered by the court may by now be unenforceable. It is unfortunate that you have lost old cancelled checks, but your ex-wife should have to have some evidence, other than her statement, that payments were not made. If payments were made through the Bureau of Support Enforcement, she would of course have a good record, but regarding payments made directly to her, it may be a matter of your word against hers. Since this appears to be an issue which has not been brought before the court, you and she might be able to negotiate a compromise between what she thinks you owe and what you think you owe. If you can do that, the savings in attorneys' fees will be an advantage to both of you.
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