UIFSA (Uniform Interstate Family Support Act) & Statues of Limitations

The UIFSA proceeding for enforcement of arrearages, it is important to know the statute of limitations for enforcement of support under the law of both the forum state and the issuing state.

To assist in determining the statute of limitations of foreign jurisdictions, this table will set forth the relevant period for each American jurisdiction.

STATE

STATUTES/CASES

LIMITATIONS PERIOD

Alabama

Ala. Code 6-2-32; see also Leslie v. Beringer, 636 So. 2d 441 (Ala. Civ. App. 1994)

20 years from date each installment becomes due

Alaska

Alaska Stat. 09.10.040 (actions), 09.35.020 (executions); see also State ex rel. Inman v. Dean, 902 P.2d 1321 (Alaska 1995) 1994)

for actions,10 years from date each installment becomes due; for proceedings in aid of enforcement, 5 years unless "good cause" shown for delay

Arizona

Ariz. Rev. Stat. Ann. 25-503(J); see also Johnson v. Johnson, 195 Ariz. 389, 988 P.2d 621, 623 n.1 (Ct. App. 1999)

request for judgment for arrears must be filed within 3 years after emancipation of all children; formal written judgments enforceable until paid in full

Arkansas

Ark. Code Ann. 9-14-235; see also Malone v. Malone, 338 Ark. 20, 991 S.W.2d 546 (1999)

no limitations period on the enforcement of child support judgments

California

Cal. Fam. Code 4502; see also In re Marriage of Garcia, 67 Cal. App. 4th 693, 79 Cal. Rptr. 2d 242 (1997)

no limitations period; judgments are enforceable until paid in full

Colorado

Colo. Rev. Stat. Ann. 13-52-102; see also In re Marriage of Aragon, 773 P.2d 1110 (Colo. Ct. App. 1989)

20-year limitation period prescribed for execution upon judgments applies to each installment as it becomes due

Connecticut

see OCSE State Profile

no limitations period

Delaware

Edwards v. Edwards, No. 80A-MR-12 (Del. Super. Ct. 1981); Pierce v. Higgins, 531 A.2d 1221 (Del. Fam. Ct. 1987)

no limitations period on the enforcement of child support arrears

District of Columbia

D.C. Code Ann. 15-101; see also Mayo v. Mayo, 508 A.2d 114 (D.C. 1986)

each installment of support has enforceable life of 12 years from the date it becomes due

Florida

Frazier v. Frazier, 616 So. 2d 575 (Fla. Dist. Ct. App. 1993); see also Garcia v. Guerra, 738 So. 2d 459 (Fla. Dist. Ct. App. 1999)

proceedings to enforce support orders are equitable and not subject to a statute of limitations

Georgia

Ga. Code Ann. 9-12-60(d); see also Brown v. Brown, 269 Ga. 724, 506 S.E.2d 108 (1998)

no limitations period on the enforcement of child support arrears

Hawaii

Haw. Rev. Stat. Ann. 657-5; see also Lindsey v. Lindsey, 6 Haw. App. 201, 716 P.2d 496 (1986)

10 years from date each installment becomes due

Idaho

Idaho Code 5-245; see also Stonecipher v. Stonecipher, 131 Idaho 731, 963 P.2d 1168 (1998)

action or proceeding to collect support arrearage must be filed before child reaches majority (18), plus 5 years

Illinois

735 Ill. Comp. Stat. Ann. 5/13-218; see also In re Marriage of Kramer, 253 Ill. App. 3d 923, 625 N.E.2d 808 (1993)

20-year limitation on enforcement of judgments applies to collection of child support arrearage

Indiana

Ind. Code Ann. 34-11-2-10; see also Connell v. Welty, 725 N.E.2d 502 (Ind. Ct. App. 2000)

action must be commenced before the earlier of child’s emancipation or reaching majority (18), plus 10 years

Iowa

Iowa Code Ann. 614.1(6); State v. Stafford, 584 N.W.2d 242 (Iowa 1998)

20 years from date each installment becomes due

Kansas

Kan. Stat. Ann. 60-2403(b); see also Gardner v. Gardner, 916 P.2d 43 (Kan. Ct. App. 1996); In re Marriage of Williams, 900 P.2d 860 (Kan. Ct. App. 1995)

child support judgments do not become extinguished until they have been dormant for the period before the child’s emancipation, plus 2 years

Kentucky

Ky. Rev. Stat. Ann. 413.090; see also Harvey v. McGuire, 635 S.W.2d 8 (Ky. Ct. App. 1982)

15 years from emancipation or the time support delinquency is reduced to lump-sum payment, whichever occurs first

Louisiana

La. Civ. Code Ann. art. 3501.1; see also State v. Lee, 728 So. 2d 1042 (La. Ct. App. 1999)

action to make executory arrearages of support subject to 10-year liberative prescription

Maine

Me. Rev. Stat. Ann. tit. 14, 752; see also Carter v. Carter, 611 A.2d 86 (Me. 1992)

no limitations period on the enforcement of child support arrears

Maryland

Md. Code Ann., Cts. & Jud. Proc. 5-102(a); see also O’Hearn v. O’Hearn, 337 Md. 292, 653 A.2d 446 (1995)

12 years from date each installment becomes due

Massachusetts

Mass. Gen. Laws Ann. ch. 260, 20; see also Child Support Enforcement v. Brenckle, 424 Mass. 214, 675 N.E.2d 390, 396 n.20 (1997)

20 years from date each installment becomes due

Michigan

Mich. Comp. Laws 600.5809; Mich. Stat. Ann. 27A.5809; see also Rzadkowolski v. Pefley, 237 Mich. App. 405, 603 N.W.2d 646 (1999)

10 years from the date that the last support payment is due under the support order

Minnesota

Minn. Stat. Ann. 541.04, 548.091; see also In re Marriage of Opp, 516 N.W.2d 193 (Minn. Ct. App. 1994); Bednarek v. Bednarek, 438 N.W.2d 9 (Minn. Ct. App. 1988)

10 years from the date each installment becomes due

Mississippi

Miss. Code Ann. 15-1-43, 15-1-59; see also Glass v. Glass, 726 So. 2d 1281 (Miss. Ct. App. 1998)

7-year statute of limitations begins to run from the date the child becomes emancipated

Missouri

Mo. Rev. Stat. 516.350.1, 516.350.2; see also In re Lombard, 994 S.W.2d 594 (Mo. Ct. App. 1999)

each installment is presumptively satisfied 10 years after it becomes due, unless revived

Montana

Mont. Code Ann. 27-2-201(3); see also In re Marriage of Hopper, No. 98-580 (Mont. 12/09/99)

10 years from the date each installment becomes due

Montana

Mont. Code Ann. 27-2-201(3); see also In re Marriage of Hopper, No. 98-580 (Mont. 12/09/99)

10 years from the date each installment becomes due

Nebraska

Finnern v. Bruner, 167 Neb. 281, 92 N.W.2d 785 (1958); Freis v. Harvey, 5 Neb. App. 679, 563 N.W.2d 363 (1997)

no limitations period on the enforcement of child support arrears

Nevada

Nev. Rev. Stat. Ann. 125B.050(3); see also State of Washington v. Bagley, 114 Nev. 788, 963 P.2d 498 (1998)

no limitations period on the enforcement of child support arrears

New Hampshire

N.H. Rev. Stat. Ann. 508:4; see also Griffin v. Avery, 120 N.H. 783, 424 A.2d 175 (1980)

6 years from the date each installment becomes due

New Jersey

N.J. Stat. Ann. 2A:14-5, 2A:17-56.23a

20 years from the date each installment becomes due, subject to revival

New Mexico

N.M. Stat. Ann. 37-1-2; see also Padilla v. Montano, 116 N.M. 398, 862 P.2d 1257 (Ct. App. 1993)

14 years from the date each installment becomes due

New York

N.Y. C.P.L.R. 211(e); see also Robinson v. Aspinall, 238 A.D.2d 255, 657 N.Y.S.2d 14 (1997); Werner v. Werner, 176 Misc. 2d 299, 671 N.Y.S.2d 626 (Sup. Ct. 1998)

20 years from the date each installment becomes due

North Carolina

N.C. Gen. Stat. 1-47; see also State ex rel. George v. Bray, 130 N.C. App. 552, 503 S.E.2d 686 (1998)

10 years from the date each installment becomes due

North Dakota

N.D. Cent. Code 14-08.1-05; see also Ruscheinsky v. Ulrich, No. 990388 (N.D. 06/29/00)

no limitations period on the enforcement of child support arrears

Ohio

DeCamp v. Board, 94 Ohio App. 367, 115 N.E.2d 403 (1953)

no limitations period on the enforcement of child support arrears

Oklahoma

Okla. Stat. Ann. tit. 43, 137; see also Aguero v. Aguero, 976 P.2d 1088 (Okla. Civ. App. 1999)

no limitations period on the enforcement of child support arrears

Oregon

Or. Rev. Stat. 18.360, 107.135, 109.100(2); see also In re Marriage of Hovden, 104 Or. App. 514, 802 P.2d 89 (1990); cf. State v. Ramirez, 167 Or. App. 199, 2 P.3d 437 (2000)

10 years from the date each installment becomes due, subject to renewal

Pennsylvania

42 Pa. Cons. Stat. Ann. 5527; see also Miller v. Bistransky, 451 Pa. Super. 433, 679 A.2d 1300 (1996); Morrissey v. Morrissey, 552 Pa. 81, 713 A.2d 614 (1998)

6 years from date each installment becomes due; the only limitations periods that affect collections of domestic arrears are those applicable to enforcement efforts

Rhode Island

R.I. Gen. Laws 9-1-17, 15-5-16.3; Lippman v. Kay, 415 A.2d 738 (R.I. 1980)

20 years from date each installment becomes due

South Carolina

S.C. Code Ann. 15-3-600; cf. Abba Equipment, Inc. v. Thomason, 335 S.C. 477, 517 S.E.2d 235 (Ct. App. 1999)

10 years from date each installment becomes due

South Dakota

S.D. Codified Laws 15-2-6, 25-7-7.4; see also Hershey v. Curtis, 467 N.W.2d 484 (S.D. 1991)

20 years from date each installment becomes due

Tennessee

Tenn. Code Ann. 36-5-103(g); see also Anderson v. Harrison, No. 02A01-9805-GS-00132 (Tenn. Ct. App. 01/07/99)

no limitations period on the enforcement of child support arrears

Texas

Tex. Fam. Code Ann. 157.005(b)

court retains jurisdiction to render judgment for past-due support until all support has been paid

Utah

Utah Code Ann. 78-12-22(2); see also State v. Jacoby, 975 P.2d 939 (Utah Ct. App. 1999)

action must be commenced within 8 years after the date the last installment was due and obligee may only collect past-due amounts going back 8 years

Vermont

Vt. Stat. Ann. tit. 15, 606; see also Hixson v. Plump, 167 Vt. 202, 704 A.2d 1159 (1997)

actions for unpaid support installments (which have not been reduced to judgment) must be brought no later than 6 years after child attains majority

Virginia

Va. Code Ann. 8.01-251; see also Arthur v. Commonwealth, No. 1762-98-3 (Va. Ct. App. 1999)

20 years from the date the unpaid installments are reduced to a money judgment

Washington

Wash. Rev. Code Ann. 4.16.020(3), 6.17.020; see also In re Marriage of Capetillo, 85 Wash. App. 311, 932 P.2d 691 (1997)

10 years from date each installment becomes due

West Virginia

W. Va. Code 38-3-18; see also Clay v. Clay, No. 26209 (W. Va. 1999)

10 years from date each installment becomes due

Wisconsin

Wis. Stat. Ann. 893.16; Paterson v. Paterson, 73 Wis. 2d 150, 242 N.W.2d 907 (1976)

20-year limitation period begins to run when child attains majority

Wyoming

Wyo. Stat. Ann. 1-16-503, 1-17-307, 20-2-113; see also Hollingshead v. Hollingshead, 942 P.2d 1104 (Wyo. 1997)

each unpaid installment becomes dormant if execution is not issued thereon within 5 years; thereafter, may be revived within 21 years

2001 National Legal Research Group, Inc.


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