Is there a statute of limitations on back child support and court ordered medical bills? 14 Answers as of March 27, 2013

My 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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Earnshaw-Hobbs Law Firm P.C.
The Earnshaw-Hobbs Law Firm P.C. | Catherine Earnshaw-Hobbs
If you are in MO it is important you consult an experienced Family Law attorney in your area as this requires legal work specific to your matter (child support obligations can become aged).
Answer Applies to: Missouri
Replied: 3/27/2013
Carey and Leisure | John Smitten
There is not limitation per se however you cant just show up in court intending to enforce unpaid bills that he never saw or you never tried to enforce before.
Answer Applies to: Florida
Replied: 3/27/2013
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
You should file now. You can subpoena the records. You really should consult with an attorney.
Answer Applies to: California
Replied: 3/27/2013
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
Replied: 3/27/2013
Fran Brochstein
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
Replied: 3/26/2013
    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
    Replied: 3/26/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    There is no statute of limitations on child support. Consider having the District Attorney enforce the child support order.
    Answer Applies to: Nevada
    Replied: 3/26/2013
    Gregory Brough, Attorney at Law | Gregory Brough
    Each installment of child support is presumed paid after ten years under Missouri law.
    Answer Applies to: Missouri
    Replied: 3/26/2013
    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
    Replied: 3/26/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No.
    Answer Applies to: New York
    Replied: 3/26/2013
    Peters Law, PLLC
    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
    Replied: 3/26/2013
    Musilli Brennan Associates PLLC
    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
    Replied: 3/26/2013
    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
    Replied: 3/26/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 3/26/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney