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STATUTE OF LIMITATIONS

 

Each state develops its own statute of limitations for order and paternity establishment as well as for the collection of unpaid back support.

 

State

Order

Paternity

Arrearages

Alabama

19

19

(a)

Alaska

None

None

None

Arizona

18

18

3 years after youngest emancipates

Arkansas

N/A

None

N/A

California

Emancipation

None

None

Colorado

 

19 (b)

(c)

Connecticut

None

18

None

Delaware

None

None

None

District of Columbia

21

21

12 years from day of accrual

Florida

None

22

None

Georgia

None

None

None

Guam

None

None

None

Hawaii

 

21

33

Idaho

18

18

23

Illinois

18

2 years after majority

None

Indiana

21

20

28

Iowa

Majority + 1 year

Majority + 1 year

 

Kansas

23

None

23

Kentucky

18

18

33

Louisiana

18

18

10 years

Maine

20 years after last action

18

20 years after last action

Maryland

18

18

12 years

Massachusetts

None

None

None

Michigan

18 or 19 if in high school

18

10 years

Minnesota

None

None

None

Mississippi

21

18

7 years after emancipation

Missouri

5 years after order

18 (d)

10 years

Montana

18

18

10 years

Nebraska

18

18

None

Nevada

None

21

4 years

New Hampshire

None

18

20 years

New Jersey

None

23

None

New Mexico

3 years after emancipation

3 years after emancipation

Back to birth

New York

21

21

20

North Carolina

18

18

10 years

North Dakota

None

3 years after majority

None

Ohio

None

23

None

Oklahoma

19 for child; 18 for custodial parent

Same as order

None

Oregon

25 years

None

25 years from date of order

Pennsylvania

18

18

None

Puerto Rico

(e)

 

 

Rhode Island

Not reported

 

 

South Carolina

18

18

None

South Dakota

18

18

6 years if not current

Tennessee

None

3 years after majority

None

Texas

18 or high school graduation

(f)

None

Utah

4 years from date of youngest child’s emancipation

None

4 years from date of youngest child’s emancipation

Vermont

8 years from date of judgement

21

6 years after the youngest child turns 18

Virgin Islands

None

18

None

Virginia

18

18

None

Washington

10 years after youngest is 18

10 years after youngest is 18

10 years after youngest is 18

West Virginia

18 or 20 if still in high school

18 or 21 if filed by the child

10 years

Wisconsin

20 years

19

20 years

Wyoming

None

3 years after emancipation

None

 

a.       In Alabama, there is a ten year statute of limitations on a child support judgement that can be renewed for another ten years.

b.       Only for children born to married parents.

c.        In Colorado, the statue of limitations for child support orders and arrearages “follows the law for judgment.”

d.       In Missouri, the child may bring an action within three years after (s)he turns 18.

e.        Puerto Rico- “Action for recognition of children can only be established during the life of the presumptive parents and 1 year beyond their death except in following cases: 1. If father or mother died during minority of child, in which case child may bring his action before first 4 years of his having attained majority shall have elapsed; 2. If after death of father, or mother there shall appear a written statement or document of which no notice was previously had, wherein child is expressly recognized, in this case action shall be established within next 6 months after document has been discovered. Child support order-21 years of age or whenever a minor is self-supporting through marriage or requiring the non-custodian to provide for post-secondary education. Arrearage-none while minor has not attained majority, 5 years after minor attain majority. If the obligee is disabled, when disability eases.”

f.         In Texas, there is no statute of limitations for paternity if there is no presumed father; if there is presumed father, the statute of limitation is 4 years after child’s date of birth.

 

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This 98 page E-Book is a complete guide to collecting child support. It includes information about child support agencies, working with attorneys and do-it-yourself methods to collect child support. Download How to Collect Child Support, 3rd Edition and begin to learn your legal rights about collecting child support. Learn More about Collecting Child Support

Child Support Collection

State by State Child Support Laws

Age of Emancipation

Attachable Income

Credit Bureau Reporting

Criminal Child Support laws

License Revocation

Child Support Collection Statue of Limitations

Child Support Laws History

Federal Child Support Laws

Federal Child Support Laws and Codes Explained

Child Support Laws Table of Contents

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