Wednesday, August 26, 2009

Statute of Limitations on Child Support in Maryland

I received many calls every day from people asking if there is a statute of limitations on enforcing child support orders. The most direct way to enforce a child support order is to file a petition for contempt. You should review the Maryland family law article section 10-102. If you decide to proceed in this manner, you have three years from the date of nonpayment to bring your contempt proceeding.

This three-year limitation only applies to contempt proceedings and does not apply to proceeding for judgment for child support arrears. In that case the statute of limitations is 12 years. You can review the case of Miller v. Miller, 70 Md. App 1
(1987. This same 12 year statute of limitations would apply to actions to recover a judgment for medical and dental expenses which a party was obligated to pay in a separation agreement incorporated into a judgment of divorce. Please review the
O'Hearn case 337 Md 292 (1995).

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