Understanding the 20-Year Statute of Limitations for Child Support
Is There a Statute of Limitation on Child Support in New York?
You may wonder, “Will I ever be compensated for the child support my ex never paid?” Unfortunately, this is a question we hear too often as many divorced spouses are left paying for the majority or all of the child’s expenses after a divorce while their exes move on without reprimand for their irresponsible behavior.
What many fail to realize is that there is a 20-year statute of limitations for child support orders entered after August 7, 1987. So, a parent with an adult child – one that is over 21 years of age – can seek support for the decade(s) they were never paid adequately. In fact, if a non-custodial parent failed to pay the other parent-child support from when the child was 17 to 21 years old, then the other parent can still seek compensation.
Collecting Back Child Support in New York
It is important not to wait to seek enforcement on a default of child support payment so that you can obtain a judgment against the non-custodial parent which can then collect interest (currently 9%). However, if a person does not receive compensation within the 20-year limit, then no judgement is obtainable and the other person is no longer required to compensate the other parent.
Of course, there are some situations in which the non-custodial parent is not required to pay missed child support. This can occur if the non-custodial parent can prove that the child has intentionally refused a relationship or association with that parent. Although this is a difficult task, a skilled and knowledgeable lawyer can obtain positive results even under these complicated circumstances.
Wisselman, Harounian & Associates is Here to Help You Collect Child Support Arrears
Do you need to collect back child support in New York? Because these cases are highly complex, it is important for those seeking compensation to retain an experienced lawyer right away.
Our team of attorneys can examine the details of your case and determine which legal strategies can best help you obtain a positive outcome. Do not wait to get the help you need. Let Wisselman, Harounian & Associates be there for you and your family.
Call us at (516) 773-8300 or send us an email today to find out how we can help!