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Mens divorce lawyerQuestion:

What is the statute of limitations for filing of child support arrearages?

My ex-wife is claiming I owe $40,000 in back child support because she says my son wasn't living with me during part of this period, which is a lie that I can prove with evidence (school records, plane tickets, etc.).

Answer:

Where I practice, the Texas Family Code states that a motion to render judgment for past-due child support arrearages must be filed no later than ten years after the date on which (i) the child becomes an adult or (ii) the support obligation terminates under the child support order. Tex. Fam. Code § 157.005.

Thus, the court retains jurisdiction to reduce child support arrearages to a cumulative money judgment until ten years after either of the above occur.

Under Texas law to reduce child-support arrearages to a cumulative money judgment a party must file a motion to confirm arrearages. Once the motion has been filed the matter will be set for hearing, and the responding party, which would be you in this matter, should receive a notice of the hearing.

At any time before the hearing you can file an Answer to the allegations. The hearing is your time to tell your side of the story. At the hearing you will be able to testify, present evidence, and call witnesses to support your understanding of the situation. After hearing all of the evidence, the court will make a finding regarding the arrearages.

However, if a Default Judgment has already been obtained against you for the arrearages, then you only have a limited time to appeal the decision of the court.

Generally, the court will lose power to hear your motion on the 31st day after the judgment is signed by the court. So if you wanted to appeal your arrearages judgment you would need to do so in most cases within that time frame.

Cordell & Cordell has men's divorce lawyers located nationwide.

 

Jennifer Hankinson is a Staff Attorney in the Dallas, Texas office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Hankinson is licensed in the state of Texas. Ms. Hankinson received her bachelors’ degrees in both Finance and Political Science from Santa Clara University in Santa Clara, California. She later received her Juris Doctor from Gonzaga University School of Law in Spokane, Washington, where she graduated Cum Laude.  


Comments (4)Add Comment
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written by Ella, January 14, 2011
I never understand why women do things like this: "My ex-wife is claiming I owe $40,000 in back child support because she says my son wasn't living with me during part of this period, which is a lie that I can prove with evidence (school records, plane tickets, etc.)." when they know they cannot prove their case.
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Cant Understand Normal Thinking
written by Buster Juggs, March 31, 2011
Pretty much nails it.
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back child support
written by Glenda Berry, February 24, 2012
What is the statue of limitations on collecting child support after a child reaches adulthood?
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Back support for a 38 and 36 year olds
written by Kim Moon, July 14, 2014
I really need help with a complicated case we have in litigation for $261,000.00 (interest & attorney fees )in back support. We live in Missouri and was misrepresented by counsel(long story short) so we missed the deadline to comply to the judgement. I have since found in the court records a judgement awarding my husband custody of the eldest daughter (which the ex-wife lied about)in Dec. of 1988. My husband does not owe her that amount of money but, we lost our records so he was unable to prove it. Since the hearing I found in the court records proof my husband was awarded custody of the eldest daughter.Now that he has new evidence can the case be reopened? We have exhausted all our resources paying 3 different attorney's with no resolution. We are at a lost and, don't know where to go. Half of my husband's social security disability is being deducted for the back support leaving him to live on $735.00 a month. Does anyone have any suggestions on what we can do, or where we can go to get help with our case. The ex-wife kept moving, preventing him from seeing his two daughters, so what are his rights for not getting his visitation as ordered by the court? At this point what are his rights as a father? Any suggestions will be greatly appreciated.

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