Twenty-Year Statute of Limitations on Child Support Claims
Bryan L. Salamone & Associates, P.C. handles hundreds of child support claims each year whether it is defending or prosecuting child support. The firm handles modifications, contempt and enforcement.
Over the years, the firm of Bryan L. Salamone & Associates, P.C. has had numerous cases seeking child support for individuals who are older than 21. On several cases, a mother will present with an adult child (someone over 21) and seek support that was never paid for a decade or decades. We have taken these cases and we have successfully obtained the support.
Child support has a 20-year statute of limitations for any orders entered after August 7, 1987. It is theoretically possible for a 65-year-old mother to obtain child support for their 35-year-old son. If the support was due and not paid prior to that boy's 21st birthday. For example, if a father does not pay child support for his son and when the son is 15 through 21 years of age, there is a 20-year statute of limitations whatsoever that will release the obligation.
Unfortunately, if the enforcement did not occur close in time to the actual default, there is no judgment and the person entitled to the support is not receiving the 9% interest due to judgment creditors. Nevertheless, in our scenario listed above, the 65-year-old mother would receive support that was due for her even though her son is 35 years of age.
In these economic times we are receiving complaints by parents who say that the non-custodial parent failed to pay support from the ages of 17 to 21 for the children. The children may be in college and/or over 21 and we are successful in obtaining support orders.
There are certain instances in where a child is not entitled to support if an obligor (a person who is obligated to pay support) can claim the child has purposefully refused a relationship with the parent. This is a difficult task and we have been successful there as well. These applications must be made before the child reaches their 21st birthday.
In summary, child support does not easily go away. It can't be discharged and if a person does not pay child support for 1 or 2 years, those arrears will remain for at least 20 years. It is always preferable to make an application for enforcement of the default sooner than later so that it can be reduced to a judgment and 9% interest can be obtained or seized through bank accounts, retrieval of tax refunds, and other means can be exercised to get the money that is due to the child.
Bryan L. Salamone & Associates, P.C. handles child support cases in Nassau, Suffolk and New York City together with all of the surrounding boroughs. We handle hundreds of cases each year involving child support and the 12 attorneys at Bryan L. Salamone & Associates, P.C. are available for a free consultation.
Bryan L. Salamone & Associates, P.C. is located at 1145 Walt Whitman Road, Melville, New York. If you would like a free consultation, contact us via email, or call Bryan L. Salamone & Associates, P.C. at 1.631.479.3839.