Tuesday, September 18, 2012

CAN I SUE MY EX HUSBAND FOR BACK SUPPORT?

QUESTION: Back in 1993 I had a court order for my ex husband to pay child support until my son turned 18. I only received a handfull of payments over the years. Although my son is 20 now, is it possible to take him back to court and sue him for the back support I never received ?

MY RESPONSE: Most likely. There used to be a statute of limitations for collection of Child Support Arrearages. That statute of limitations was subsequently eliminated by the legislature. However, it is unlikely that the elimination is retroactively applicable. For all amounts which were due after the effective date of the legislature's elimination of the statute of limitations on Child Support Arrearages which your ex-husband failed to pay, he owes you those amounts plus 10% per annum interest until those amounts are fully paid.

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