Legal Question in Family Law in California

Child Support Arrears Statute of Limitations in l983

In July of 1983, Santa Clara County, Ca registered a

cs order against me that was made in Mendocino Cy 12/72.

All payments were current on that order; but in early l984,

SC County came after me under an order for support they

issued in May, l970; that I believe was nullified by the

reconciliation of my then wife and I in July 70, said

reconciliation lasting until Nov l972 during which time we

lived in Mendocino County; not SC county.. I hold that the

order of 1970 was nullified by reconciliation and that SC

had no business reaching back 14 years to collect in l984?

They are still after me for this, claiming there is no

statute of limitations. Is there?

No arrears were claimed in l983 when they registered the

Mendo Cy support order in SC county.

thank you,

Dave--name removed--

Asked on 10/18/03, 11:48 am

3 Answers from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary

Re: Child Support Arrears Statute of Limitations in l983

There is a probability that you are correct and payment on the later order satisfied the earlier order, but you are going to need to get a judge to make that order. I don't see any way around retaining an attorney. He will need a lot more facts, and since this is not a case that we see everyday, he will need to put together some legal arguments about the law for the judge. Good Luck, Pat McCrary

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Answered on 10/20/03, 9:31 am

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Child Support Arrears Statute of Limitations in l983

There is no statute of limitations on child support collections, but you may have some "limited" defenses such as "latches" and "estoppel".

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

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Answered on 10/20/03, 1:21 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Arrears Statute of Limitations in l983

During the time that you and your ex were living together you fulfilled you duty to support her and any children.

California child support law has been changing during the past few years. The defense of laches is no longer available except when the arrears are owed to the state.

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Answered on 10/22/03, 11:17 pm

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