My parents divorced in 1983 or 1984. There were three of us kids. He was ordered to pay child support, but never did. My mother didn't have money for an attorney and finally stopped asking him for anything. I am the youngest, 35. He never bought clothes, school supplies, gifts, took us to the doctor, etc. We only saw him a handful of times after the divorce. My mother worked HARD to care for us and she did a wonderful job. Today, I found out that he's about to draw out his retirement from Baker Hughes. I'm wondering if she could put a child support lien on that money after all of these years. Does anyone know?

I cannot imagine a court would retroactively rule for garnishment 17-18 years after the youngest of you reached the age of majority.

I'd let it go.

I'm guessing there's a statute of limitations on that.

One of the attys on here may know.   Also, make an appt with an atty.  First consult should be free, but ask if it is.

Make the fucker pay. There's no excuse (or sympathy) from me for any parent who walks away from their kids and lets them go without......if he was interested in keeping his retirement he would have "invested" in keeping it by accepting responsibility for the children he brought into the world and walked away from.

Anyway.....don't know what the legal fine print is, probably different from state to state. My mother received a big check from the state when I was in my mid twenties, partial payment for 12 years of missed child support when I was a kid. They finally attached his pay and took the money from him automatically. She only got 50% but it was long overdue.

I never understood how a parent could abandon their own child and make them suffer thinking they were just punishing the ex-spouse. My parents both played that stupid game of using their kids to hurt each other......mother wouldn't let him see us because he wouldn't pay child support, him claiming he wouldn't pay child support because she wouldn't let him see us....we were stuck in the middle, mother worked night and day to take care of us and he hardly ever showed up to see us so my sister and I were basically on our own for years.

Now my sister's going through the same shit - her husband was screwing around on her for years and she finally divorced him. He's still got different girlfriends but everytime he finds out she's dating he cuts off her checks, we just found out he's not making the car payments so they're about to repossess her car. She was out of the workforce for 20 years and is trying to find a job.....and that cheating bastard thinks he's punishing her by making sure there's no food, car, and roof over the heads of his kids. What the fuck is wrong with people? There's nothing my wife could do to make me do that to my kids......I thoroughly enjoyed telling him that his kids know exactly what he's done and when his daughters fall in love some day and confide in the man they'll spend the rest of their lives with their most painful memories, the things in their lives that hurt the most.....they'll be talking about him. The narcissist didn't take it so well.

Most states (to my knowledge) do not have a statute of limitations for child support.




I am almost 100% certain that Texas is a State that has no statute of limitations on back child support.




If retired, the income from the retirement vehicle (or pension) can be garnished just as if they were wages. - you might even be able to force "materially equal" distributions from a 401K or similar vehicle to ensure that the deadbeat doesn't try to hang on not paying.



If it's a defined benefit pension, that's a given income (as is social security retirement payments)





In the case of a 401K, or IRA's a half decent lawyer can probably achieve a QDRO that can be used to seize part of the asset that is the retirement itself, such that upon your mother's retirement, the income can be taken in lieu of the outstanding support payments.



Oh, and don't forget that interest can (and usually must) be charged on back support. In Texas, I think it's 6% per year.



Daddy's going to get one hell of a surprise.

Delete my post.


I just checked my state laws in CT

I couldn't find one.

It said payment continues untill paid in full.

I think the OP might have a case.

So, that's a yes?

http://www.child-support-collections.com/statute-of-limitations.html

A state-by-state listing of child support/statute of limitations laws and rulings at the cold link above.


Steve

 

Uhh, what?  Is this in reply to the OP?  If so, that's pretty fucked up.
 

... 2 minute delayed double tap.  

You spend the money and consukt a lawyer.  Then you get information and not venting.

There is no statue of limitations on child support. However if an order for support was never entered that might be the sticky part. consult an attorney. My step sons dad owes 20K + in back child support that goes up due to interest and will never go away.Even if my steps sons dad gave up his rights to the child the arearage would stay. he never receives a tax refund becauase it is garnished each time. The state is always doing an asste search for him whihc does include retirement benefits such as a 401k or pension plans. They even search for insurance settlements and so on. I say go after him.

Child support is forever.

Take him to the cleaners. I say this as someone whose dad didn't pay child support and never gave a shit about his kids.

Can the OP get an atty on a contingent basis and hourly rate, not a percentage?  Game on?   Sounds good.

As someone whose mother had to use attorneys, the US Air Force, including various base commanders, to get my dad to pay anything ($100 per month, plus medical expenses, as ordered by the court) towards our upbringing after our parents divorced, I feel your pain.

Go after the ba%$(@^# hammer and tongs, and publicize it, if for no other reason than to let other deadbeat parents out there know, you can run, but you can't hide.

Seeing my dad's Mercedes 450SEL and his property, all in his wife's name, of course when I was a college student, paying for my schooling all myself, really tied the knot on the parcel. Don't let these people get away with it.