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.
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.
