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.

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3 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

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.

Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

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.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

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.

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