Is there a statute of limitations on back child support and court ordered medical bills? 14 Answers as of March 27, 2013My ex husband has never paid any of the court ordered co payments for my children's medical bills. And is behind in child support by $5,740. One child will be turning 18 in a couple months and the other is 14. Is there a time frame on attempting to recover this back payments from him? I have tried to obtain the records from the insurance company on the exact amount I have paid over the years but they won't release that to me since the insurance is paid for by him. Is there anything I can do to get that information as well? Thank you.
John Russo | John Russo
You obtain the information through subpoena, the child support is easy just file a motion to adjudge him in contempt on the arrears, if he works why have you not had his wages garnished, that is up to you, you have the option on how he pays not him. Lastly the co-pays that is a larger problem, have you sent him the bills over the years and demanded payment and can you prove it? If you have co-pays that go back years good luck, he will have a strong laches argument if you never filed actions to collect in the past, i.e. you have 5 years worth of co-pays, he can argue that it is unreasonable for you to wait and collect 5 years worth of medicals and then ask for payment, your argument is you asked plenty of times he never paid, the courts position will be if he has a half way decent lawyer is you should have sought court intervention earlier, my experience over the years on this issue is that the court may allow you to go back 6 months to a year but that is it, especially if he has an attorney, if not then you could get lucky I have seen judges do that to unrepresented individuals.
Answer Applies to: Rhode Island
Fran Brochstein | Fran Brochstein
The child support is still owing. You need to continue to pursue that. Once the youngest child turns 18 he can no longer go to jail so you might want to pursue that matter while the youngest child is under 18. I would highly recommend that you talk to an attorney. A smart, sharp attorney will ask in the State of Texas that the legal fees be paid by your spouse since you are being forced to go to court to college child support since it is his fault that you are in court. Most judges will order him to pay all or part of your legal fees. So, get going & good luck!
Answer Applies to: Texas
Reza Athari & Associates, PLLC | Seth L. Reszko
If a court has issued an order for the support of a child, there is no statute of limitation. Furthermore, even if the child turned 18, the delinquent parent shall continue to make the payments for the support as previously ordered.
Answer Applies to: Nevada
Van Hoof, Van Hoof & Cornett, LLP. | Paul M. Cornett
Once these are court-ordered the statute of limitations does not apply. The child support usually never goes away and you should have no trouble pursuing this. The copayments are usually treated differently and every county has its own policy. Most have a policy that if you do not timely pursue them, the court does not want to try and figure it out if there are disputes more than 1 or 2 years. You may be able to get information on the payments from the doctors and health care providers.
Answer Applies to: Wisconsin
Peters Law, PLLC | Mark T. Peters, Sr.
You can ask for him to be held in contempt. The court may not be inclined to go back more than a year though for the medical payments. The child support may have the same issues. The best way to get this guy to know you are serious is to ask him to be held in contempt. The threat of jail may get him back on track.
Answer Applies to: Idaho
Musilli Brennan Associates PLLC | John F Brennan
You should engage an attorney and start pursuing this. Generally co-pays and out of pockets must be claimed through the friend of the court within one year of their occurrence. You should bring an action show cause and compel your efforts to pay his obligations.
Answer Applies to: Michigan
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I know of no applicable statute of limitations on collection of back child support. But the longer you wait, the less likely it is that the money will be paid. As to how to get the information, I suggest you first ask the father to get it for you. If he will not, you can seek an Order from the family court requiring him to get the information and provide it to you so long as you can show that you have a good reason for needing it.
Answer Applies to: Wisconsin