Jacksonville, FL asked in Child Support for Colorado

Q: Is there a statute of limitations on child support arrears in Colorado for a case in which only the state is owed

The arrears owed are the result of a judgement entered separate of the original Child support judgement.

Related Topics:
3 Lawyer Answers

A: Assuming paternity has been established (which has occurred if a valid support order already exists), Colorado has no statute of limitations on back support plus interest (a court may reduce the back support if requested by the nonpaying parent AND case-specific facts support a reduction). These support requirements can be transferred (without review) to any state in which the non-paying party resides.

A: There is no defined statutory statute of limitations for back child support. The general discussion in with the family law community is that there is a 20 year SOL which the courts adhere to. Not sure whether there is some sort of other rule or section that gives the government a pass in terms of them collecting for themselves. You might contact a child support enforcement unit in a different county to ask them.

A: A word of warning about assuming that there is a 20 year cut-off with collections of support. The crux of the 20 year argument is that custom has created a 20 year SOL. This position is not directly supported by the current support statute, existing judicial opinions (including dicta) or formal/informal guidance for state officers empowered with collection.

The 20 year cut-off may exist, but you should be aware what this position entails. Specifically, this issue will need to be litigated and would likely end up at the State Supreme Court. Due to the technical nature of the assertion, an attorney is required for the case and the likely appeals that follow.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.