Washington, DC asked in Family Law and Child Support for Maryland

Q: Exhusband owes back support $85K for 3 kids who graduated from college. He is working & has VA disablity. Can I collect

What do I need to do to get this back child support? I have expenses that I incurred to financially support our children for the past 20 years independently.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Consult a lawyer about this. It depends on when the child support order was entered, if the arrests or any part of the arrears was reduced to a monetary judgment, and how long it has been since the order and/or judgment has been entered. Generally, court orders for child support remain active through the youngest child’s emancipation at 18, and you must seek to have the arrears reduced to judgment by filing a motion in court, and then you have 12 years to enforce the judgment. However, if you have not already done so, filing to reduce arrears to judgment may have to be done within 3 years of the youngest child reaching 18 (or graduates from high school if later and child is continuously a full time student, but not beyond 19th birthday). The law can get complicated when you wait too long to take action. If the child support was paid through the Office of Child Support Enforcement, many county OCSE offices routinely file to reduce all accrued arrears to judgment just before the youngest child’s 18th birthday so that may have already been done for you. A judgment that is nearing its 12 year expiration date can be renewed for another 12 years by filing a notice of renewal before it expires. As far as VA disability benefits, such payments are generally not attachable to pay a judgment in Maryland, but other employment wages can be garnished as well as bank accounts attached, and liens placed on real property. You can use the court’s post-judgment discovery procedures to compel your ex to appear in court and answer questions and produce documents to show what money he has and where it is located.

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