Seek Child Support after 18 yrs of age

**marsha** · 08-23-2005, 07:45 AM

I live in the State of Florida. I have Divorce papers from 1990 were my husband was to pay child support (probably 10 years worth) and a judgement in the divorce for him to pay X amount of dollars to me. Our son is now almost 20 years old. Can I try to collect this money owed to me now, he settled with Workmans Comp and has the money in the Bank and brags about it. Or is it too late to try and collect from him? He could never be pinned down before.

**aaron** · 08-24-2005, 08:33 AM

You probably can collect the money. According to Dep't of Revenue ex rel. Brown v. Steinle, 837 So. 2d 1072 (Fla. 2nd DCA 2003), Florida has no statute of limitation on child support enforcement actions, but rather applies laches to determine if the action is barred. (Laches is an equitable defense, which claims undue delay by the person seeking to enforce the judgment. It seems unlikely under the facts you describe that a court would find that you engaged in undue delay.)

You can check with the child support office which issued the support order to see if they might act on your behalf. You can probably find a private attorney to act for you, although they would probably want a percentage of any recovery as their fee.

**marsha** · 08-28-2005, 09:28 AM

I also want to point out that I do not have the money for a Attorney. How do I go about collecting the Judgement that is in our Divorce?
Also, when he settled with Workmans Compensation, he has a Bank account and CD's and he has stated that he would put them in someone elses name if anyone tries to get his money regarding child support.
He gets Disability and Social Security benefits due to his accident in the workers comp case., can these be attached for his back support?
I just need to be steered in the right direction to do this on my own.
Thanks

**aaron** · 08-28-2005, 09:31 AM

Quoting marsha

I also want to point out that I do not have the money for a Attorney. How do I go about collecting the Judgement that is in our Divorce?

You can check with the child support office which issued the support order to see if they might act on your behalf. You can probably find a private attorney to act for you, although they would probably want a percentage of any recovery as their fee.

Quoting marsha

Also, when he settled with Workmans Compensation, he has a Bank account and CD's and he has stated that he would put them in someone elses name if anyone tries to get his money regarding child support.

Your state has "fraudulent conveyance" laws which should permit a court to "undo" transactions like that, which are meant to hide assets from creditors.

**marsha** · 08-28-2005, 10:16 AM

Hi Aaron,
Can his disability benefits be attached if he does not take care of the arrearages?

**aaron** · 08-28-2005, 10:31 AM

"It depends". Some disability benefits, particularly means-tested benefits, cannot be attached. Some states are more restrictive than others in terms of what they will permit to be attached.

**marsha** · 08-29-2005, 06:54 AM

I have just one more question for you. When my Ex settled with Workers Comp through his Attorney, where they suppose to check all records with the State to see if he owed back child support or a Judgement before issuance or is this not mandatory?
I do know the name of his Attorney that handled his case.

**aaron** · 08-29-2005, 08:25 AM

Unless the creditor has asserted a lien on the case, or has an automatic lien by operation of law (e.g., a Medicaid or Medicare lien), there is no obligation on the lawyer to seek out possible creditors.