Although there aren't "statute of limitations" in the traditional sense, there are however, time limits that must be adhered to when enforcing child support.
In 2009, the legislature extended the time to file an enforcement action. Now, a motion for contempt concerning child support must be filed within two years after (1) the child becomes an adult or (2) the date on which the child support obligation terminates pursuant to the decree of order by operation of law. (157.005(a)) (increased from 6 months).
Note the distinction concerning a statute of limitations concerning contempt and other remedies. If you are seeking a money judgment only (not contempt) you have ten years to file from the earlier of (1) the date the child turned 18, or (2) the date the child support obligation ends. (157.005(b))
Also, while not technically a statute of limitations, you should be aware that the statutes have certain limitations on the length of confinement. Texas Government Code 21.002(h) provides that: 1) in criminal contempt, the maximum penalty is $500 and 18 months confinement, and 2) in civil contempt (coercive), the maximum confinement is the lesser of 18 months or the date of compliance.
To find out more about Child Support Enforcement or other family law matters, please visit www.thepalmerlawfirm.com
