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Case filed in the Bronx, New York State family court for child support, has the statue of limitations run out?

Q: My mother filed an order for support against my father in 1995, when I was 16 years old in the Bronx, NY, where we lived at the time. My father, who lived in Philadelphia, Pennsylvania at the time the order was filed, paid child support to my mother from the time I was 16 years old, until I had a child at 20 years old (I was still a full-time college student, but worked full-time). I believe he was able to get the payments stopped because I had a child, and a full-time job. However, he had an arrears balance of about $11,000 that he did not pay. I am now 38 years old, and my mother, who lives in New York State, wants the arrears balance paid to her so she can help pay off my student loans. My father now lives in California, and works. Can my mother file an order for him to pay the arrears balance, or has the statue of limitations run out? It has been about 18 years since he paid anything to my mother.

A: There is generally a 20-year statute of limitations. It's based on "when the claim accrues," so at least some of the arrears may/may not be able to be enforced at this point. Have your mother schedule a consult with a Bronx Child Support attorney for a full assessment.

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