Child support doesn't always stop when your child reaches the age of majority, a legal term meaning the threshold of adulthood. If you got behind on your payments at any point during the years you were paying, the arrears -- or past due payments -- don't go away when your obligation to pay child support ends. Some states will allow your child's other parent to try to collect back child support indefinitely. The statute of limitation for your child's other parent to pursue you for arrears depends on your own state's laws.
Judgments
Some states require the parent who is owed past due support to file a motion with the court to have the debt converted to a judgment against you. You can defend against this, but the burden would be on you to prove that either you never owed the money at all or you have paid it. Otherwise, the court will most likely enter the judgment against you. If this happens, your child's other parent has 10 years to try to collect on the judgment in Minnesota, North Carolina and West Virginia. He has 20 years from the date of the judgment in Alabama and New Hampshire. In Hawaii, a parent has 10 years after the date of the judgment or until the child turns 33 years old, whichever occurs later.
Date of Default
Some states begin their statutes of limitation from the time you miss a payment, including New York, South Dakota, Wisconsin and Montana. New York, South Dakota and Wisconsin allow a parent to try to collect for 20 years after a default. In Montana, she has 10 years to pursue you for the money.
Emancipation
Many states hinge their statutes of limitation on the date your child emancipates or reaches the age of majority. The cut-off date is a period of years after that time. In Kansas, the deadline is two years after emancipation. It's three years in Arizona, four years in Utah, five years in Idaho, six years in Vermont and seven years in Mississippi. Arkansas's statute of limitation is when your child reaches 23 years old. Indiana, Louisiana, Michigan, Missouri and Washington have statutes of limitation of 10 years past emancipation. In Maryland, it's 12 years. It's 14 years in New Mexico and 15 years in Kentucky.
No Limit
Twenty-two states and the District of Columbia allow a parent to try to collect back child support indefinitely: Alaska, California, Colorado, Connecticut, Delaware, Illinois, Maine, Massachusetts, Nebraska, Nevada, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia and Wyoming. Florida allows unlimited time as well, but an exception might exist if the paying parent can prove he didn't know he owed the money. Georgia and Iowa have no limits for child support orders entered after July 1, 1997, but Iowa has a statute of limitations of 20 years after default for orders issued prior to that date.
Other Limits
Oregon's state of limitation allows a parent to try to collect for 25 years from the date the court first issued the child support order.
Tip
If you're behind in child support, speak with an attorney in your area to learn your options. It might be possible to negotiate minimal monthly payments to your child's other parent to avoid collection efforts against you.
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