Legal Question in Family Law in New York

Back child support

My daughter's father was arrested in 1962 for statutory rape. He was released and ordered to pay child support. He never did and moved to California, where he became a police officer. It is 47 years later. Can I still collect my back money? He now owns 26 homes in California and other parts of the country.


Asked on 4/22/09, 4:19 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Back child support

Generally there is a 20 year Statute of Limitations period. However, the 20-year Statute of Limitations period only applys to actions commenced on or after August 7, 1987. Shavit v. Shavit, 279 A.D.2d 180, 719 N.Y.S.2d 2 (1st Dept. 2000). Actions commenced before 1987 has a 6 year Statute of Limitations Period.

In your question, it has been 47 years since arrears accrued. Therefore, based on the law your claim is time barred.

Mike.

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Answered on 4/23/09, 8:16 am


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