California’s Restrictions on Collecting Owed Child Support
If you’re owed child support, you may only collect back child support for a certain period of time.Here’s what you need to know about the statute of limitations for back child support in California.
California’s statute of limitations for back child support is three years from the date of non-payment. That means that custodial parents can only collect the past three years of child support owed to them.
Is there a statute of limitations on collecting back child support in California?
Yes, in California, custodial parents have three years from the date child support was due (but not paid) to collect it. Debtees can no longer legally enforce back child support once three years have passed since the date of non-payment.
For example, if your child’s parent has not paid court-ordered child support for the last four years, you can only collect the past three years of payments owed to you. If your child’s parent regularly misses court-ordered child support payments, you should file for contempt every three years since the child support was owed to you. This way, you ensure you’re eligible to receive any and all missed child support payments.
Related: Back Child Support Laws in California
How to Get Back Child Support Past California’s Statute of Limitations
Parents may be able to collect child support owed to them for over three years. Courts grant “retroactive child support” to parents that independently covered a child’s expenses before the child support order was requested. While parents can’t collect child support without a court order or enforce a support order violated over three years, they can collect financial compensation for a child’s expenses accumulated before child support was requested.
You can collect child support without a court order past the three-year statute by including “retroactive child support” in your request for a child support order. In your Request for Order, include the details of your child’s past expenses and provide documentation of your payments. For more information on how to get back child support without a court order in California, click here.
Can an attorney help me collect back child support even if the three-year statute passed?
Child support matters can be very complicated. Experienced child support attorneys can help you understand whether you have the right to retroactive child support and file the necessary court documents on your behalf to get your case on the right track. One of our skilled child support attorneys can help you collect back child support.
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If you’re curious about California’s statute of limitations for back child support and need an attorney to collect unpaid support, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. We’re here to help you 24/7.