how far back can you sue for child support
The statute of limitations for suing for child support varies by state or country, but I’ll provide a general overview of the common practices in the United States.
In the US, the statute of limitations for child support is typically determined by state law, and it can range from 2 to 20 years, depending on the state. Here are some general guidelines:
- Retroactive child support: In most states, you can sue for retroactive child support, which means you can seek support for a period before the lawsuit was filed. The length of time varies, but it’s often limited to 2-5 years.
- Statute of limitations: The statute of limitations for child support is usually longer than for other types of debts. In some states, it’s 10-20 years from the date the support was due.
- State-specific laws: Here are a few examples of state-specific laws:
- California: 3 years from the date the support was due (Cal. Fam. Code § 4502)
- New York: 6 years from the date the support was due (N.Y. Fam. Ct. Act § 451)
- Texas: 4 years from the date the support was due (Tex. Fam. Code § 157.005)
- Florida: 5 years from the date the support was due (Fla. Stat. § 61.14)
- Federal law: The federal government has a 20-year statute of limitations for child support enforcement (42 U.S.C. § 654(4)).
- Exceptions: Some states have exceptions to the statute of limitations, such as:
- If the non-custodial parent has been absent from the state or country.
- If the non-custodial parent has been hiding or evading service.
- If the child has a disability or special needs.
It’s essential to consult with an attorney specializing in family law to determine the specific statute of limitations and any exceptions that may apply in your case. They can help you navigate the complex laws and regulations surrounding child support.
