Statute of limitations for filing a claim for back child support

Mens divorce lawyerQuestion:

What is the statute of limitations for filing of child support arrearages?

My ex-wife is claiming I owe $40,000 in back child support because she says my son wasn’t living with me during part of this period, which is a lie that I can prove with evidence (school records, plane tickets, etc.).

Answer:

Where I practice, the Texas Family Code states that a motion to render judgment for past-due child support arrearages must be filed no later than ten years after the date on which (i) the child becomes an adult or (ii) the support obligation terminates under the child support order. Tex. Fam. Code § 157.005.

Thus, the court retains jurisdiction to reduce child support arrearages to a cumulative money judgment until ten years after either of the above occur.

Under Texas law to reduce child-support arrearages to a cumulative money judgment a party must file a motion to confirm arrearages. Once the motion has been filed the matter will be set for hearing, and the responding party, which would be you in this matter, should receive a notice of the hearing.

At any time before the hearing you can file an Answer to the allegations. The hearing is your time to tell your side of the story. At the hearing you will be able to testify, present evidence, and call witnesses to support your understanding of the situation. After hearing all of the evidence, the court will make a finding regarding the arrearages.

However, if a Default Judgment has already been obtained against you for the arrearages, then you only have a limited time to appeal the decision of the court.

Generally, the court will lose power to hear your motion on the 31st day after the judgment is signed by the court. So if you wanted to appeal your arrearages judgment you would need to do so in most cases within that time frame.

Cordell & Cordell has men’s divorce lawyers located nationwide.

 

Jennifer Hankinson is a Staff Attorney in the Dallas, Texas office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Hankinson is licensed in the state of Texas. Ms. Hankinson received her bachelors’ degrees in both Finance and Political Science from Santa Clara University in Santa Clara, California. She later received her Juris Doctor from Gonzaga University School of Law in Spokane, Washington, where she graduated Cum Laude.  

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8 Comments on "Statute of limitations for filing a claim for back child support"

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Dominique
4 months 15 days ago

Hi my name is Dominique Lee, And me and my mom tried to get child support from my biological father but he seems to never show for the court date but I was wondering if I’m eligible to get back pay even though I’m 23 now.

Denise
5 months 9 days ago

Divorce filing. In California was granted in March, 1992 with the stipulation of 200.00 monthly child support and was never paid. Can the funds be collected child turned 18 1998!

Randy Newtown
10 months 6 days ago

My ex filed for back child support in Feb 2015. At that time my daughters age is 30 years old. My son is 28 years old and turns 29 in August. I was told the only back child support that must be paid is from the date my ex filed (Feb 2015) until my son turns 29 years of age. Is this correct????

Bradley English
1 year 3 months ago

I am 30 years old and I’m about to find out if this guy is my father. My mother and my father has never been in my life. Does a child have any type of jurisdiction if he is 30 years old and father was never around and now it’s been proven that this man is the father. Can the child go after child support for having to raise his self since 14? Please respond if anyone can help. i live in Florida and he lives in Colorado. i was born in Texas.
thanks
Bradley English

Kim Moon
2 years 10 days ago
Back support for a 38 and 36 year oldsI really need help with a complicated case we have in litigation for $261,000.00 (interest & attorney fees )in back support. We live in Missouri and was misrepresented by counsel(long story short) so we missed the deadline to comply to the judgement. I have since found in the court records a judgement awarding my husband custody of the eldest daughter (which the ex-wife lied about)in Dec. of 1988. My husband does not owe her that amount of money but, we lost our records so he was unable to prove it. Since the… Read more »
4 years 5 months ago

back child support
What is the statue of limitations on collecting child support after a child reaches adulthood?

Buster Juggs
5 years 3 months ago

Cant Understand Normal Thinking
Pretty much nails it.

Ella
5 years 6 months ago

I never understand why women do things like this: “My ex-wife is claiming I owe $40,000 in back child support because she says my son wasn’t living with me during part of this period, which is a lie that I can prove with evidence (school records, plane tickets, etc.).” when they know they cannot prove their case.

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