Q: I live in GA. I have a court ordered child support payments from the State of IN for arrearage.
There is a Statute of Limitations of 10 years after the child turns 19...she turned 19 in 2007....GA has been enforcing the support order even after the statute of limitations has run out. What do I do? Am I still required to pay? If not, can I recoup what I paid after the statute of limitations ran out?
A: If the order was from Indiana, that state’s law controls. If the case originated under Title IV-D (Social Security statute), which it sounds like it might, there is no statute of limitations if what you owe are arrears for non-payment while the child was a minor. Yes, you are required to pay until the arrears plus any accumulated interest (state sets interest rate) are paid. That includes seizure of future federal and state tax refunds and collection of social security if necessary. Your only option is to seek a waiver from the payee.
I would seek counsel from an experienced attorney if you wish to pursue further.
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