By: Curtis Wiberg
In the practice of family law, it’s not too uncommon to come across a case where a parent, who has been ordered to pay child support, did not meet their obligation for many months or even years until the child has become an adult, with the child support never being paid. When the party who was supposed to receive the support then determines they want to pursue collection of the unpaid child support arrears, many legal challenges on both sides of the dispute can arise. The side of the equation you are on can matter when dealing with old child support orders, including if you the payee having to worry about statute of limitations issues or a laches argument pursuant to Johnson & Johnson, 380 P.3d 150, 156 (Colo. 2016). If you are the parent who owes, you may face financially crippling repercussions, including wage garnishments, seizure of property, and interest which may very well exceed the principal owed.
The laws regarding Denver child support are generally favorable to the party owed that support. The statute of limitation on enforcing a child support judgment is twenty years from the date of the judgment. Furthermore, each month’s support payment acts as a separate judgment, so that even if part of the child support is older than 20 years old, those months occurring within the last 20 years are still collectible. Continue reading