Question:
My children are all over 30 years old but my ex-wife is filing for child support. I assume there is a statute of limitations on collecting child support, but she said she is going to use something called an Administrative Law to go after more money.
What is this? Is it possible for her to get money 25 years after our divorce when the kids are over 30 years old?
Answer:
First let me preface my answer by stating that I am not licensed in Kansas, so I am unfamiliar with the specifics of Kansas laws and rules. Cordell & Cordell does have attorneys who are licensed in the state of Kansas who would be happy to discuss your case with you.
If there is a statute of limitations that would prevent a party from claiming child support, then this would need to be brought to the attention of the Court that it would be improper to proceed with this action.
Most states have administrative procedures that would allow a party to establish child support without the aid of the Court, but my familiarity with that system is that if one of the parties disagrees with the calculations of the administrative agency then they can have a Court review the calculations.
In some states the right to go after unpaid child support rest with the children and not the ex-spouse, so you should definitely seek the advice of an attorney in your jurisdiction to try to take care of this issue, sooner rather than later.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
