Mother's Attempt to Enforce Judgment on a Child Support Obligation that Is Over Twenty Years Old
Statute of Limitations
November 16, 2010
Yesterday, the Indiana Court of Appeals said that a child support obligation that had been reduced to a judgment could be enforced by a mother, even though she did not file her action to enforce that judgment until over twenty years after it was entered in In the Matter of the Unsupervised Estate of Wilson v. Steward, 937 N.E.2d 826 (Ind. Ct. App. 2010), Case No. 70A01-1003-EU-104. The applicable statute of limitations is that covering the enforcement of a judgment, not the one applying to the enforcement of a child support obligation.
Lessons:
Yesterday, the Indiana Court of Appeals said that a child support obligation that had been reduced to a judgment could be enforced by a mother, even though she did not file her action to enforce that judgment until over twenty years after it was entered in In the Matter of the Unsupervised Estate of Wilson v. Steward, 937 N.E.2d 826 (Ind. Ct. App. 2010), Case No. 70A01-1003-EU-104. The applicable statute of limitations is that covering the enforcement of a judgment, not the one applying to the enforcement of a child support obligation.
Lessons:
- Once a child support obligation has been reduced to judgment, it is subject to the 20-year statute of limitations applicable to enforcing judgments.
- The 20-year statute of limitations for enforcing a judgment is a rule of evidence that creates a rebuttable presumption of payment.
Brad A. Catlin
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
TAG Child Support,
Enforce Judgments,
IN Court of Appeals,
Nonpayment,
Payment,
Rebuttable Presumption,
Statute of Limitations
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