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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14 comments on “Statute of limitations for filing a claim for back child support

    I need representation…where my monetary reward will be in winning a suit against my husband Exwife and the Texas OAG Child Support Enforcement Division.
    Ex wife and Tx OAG waited 28 years before applying enforcement tools against my husband. In 2012 Ex wife sued for the motion for back child support after not pursuing him during the eligible times between 1984-1990.
    In 1984 a $10,000 a cumulative judgment was against my husband for back child support…by the AG’s record shows that he paid approximately $5537.50 of the judgment. She failed to receive a payment January 31, 1986…no payment February 28, 1986…she didn’t rec’d money again until October-December of 1986 in the amount of $506.00.
    By the AG’s payment ledger..there were no child support payments from January 31, 1987- May 1990…when the last child turned 18 years old.
    From the years of 1987-1990..the Ex wife Never contacted the AG’s office and asked them to pursue enforcement actions against him. Husband stop paying and no one went after the children’s money for 28 years…and now the AG got involved in 2013 after the Ex wife was denied 3 times for back arrearages confirmation. The AG..who did nothing during the years of 1984 by putting a writ of withholding in 1984 when the $10,000 judgment was ordered…is now taking the writ of withholding to the maximum by suing for $150,000 in back child support and submitted 2 writ of withholding .. 1. Social Security Benefit check..$350.00 as the divorce decree indicated and 2. DeKalb Transportation Bus job..$854.00 in the beginning and now 50% of his check.
    There has to be a Family Code Law Tx statues that will state that the Ex wife and the AG is bound by the 10 years limitations..and this case is time barred.
    I need a Law Firm that will fight this case to that affect and will be willing to get paid when we win the suit. I am ready to work hard and to supply substantially amount if evidence to support that the Ex wife was Never eligible for the AG’s assistant in 2013.
    Please call me and discuss this case and let’s take this challenge on together.
    Thank you..Shirley Crear..770-401-7161

    Please refer me to an affordable lawyer who can help me in this mess.my husband is now I’ll and just had a,quadruple heart bypass last year……i need a lawyer to close this case for us………mom with 3 kids of our own….call me 747 333 9707

    Please refer me to an affordable lawyer who can help me in this mess.my husband is now I’ll and just had a,quadruple heart bypass last year……i need a lawyer to close this case for us………mom with 3 kids of our own

    I need a,lawyer to sue a child support agency garnishing my husband’s wages for the last 13 yrs…….37 and 36 yrs of age his daughters emancipated and an ex wife who was married 3 times.

    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.

    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!

    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????

    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

    Back support for a 38 and 36 year olds
    I 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 hearing I found in the court records proof my husband was awarded custody of the eldest daughter.Now that he has new evidence can the case be reopened? We have exhausted all our resources paying 3 different attorney’s with no resolution. We are at a lost and, don’t know where to go. Half of my husband’s social security disability is being deducted for the back support leaving him to live on $735.00 a month. Does anyone have any suggestions on what we can do, or where we can go to get help with our case. The ex-wife kept moving, preventing him from seeing his two daughters, so what are his rights for not getting his visitation as ordered by the court? At this point what are his rights as a father? Any suggestions will be greatly appreciated.

    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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