Child Support "Until Further Order of the Court"

My question involves child support in the State of: Mississippi

My divorce reads that I am to receive "child support until further order of the court". Does this mean that I can collect on this support or is there a statue of limitations that apply. My children are grown and he has not been in their lives for over 20 years. I tried and tried to collect thru our child support enforcement agency here but he quit his job and went to work getting paid cash. I told them but they didn't do anything about it. Now after all these years, he has come back into their lives and buys them anything they want. I want to collect the support that he owes but they say there is a statue of limitations. When I tell them my divorce papers say, "until further order of the court" , they just dismiss it. Is it true that he can get away with this now? I really need an answer. He has never helped in any way with them or the grands. Now he is the grandest dad of all. Doesn't matter that mom and step-dad where the ones that helped when anything happened for the last 17 - 20 years. PLEASE HELP

The child support obligation has not gone away. You need to enforce collection.

I have called and called. No one will take this case. My children are grown now. The youngest is 34. They say because they are over 21 that I can not collect anything now. He owed over $25,000 when she was 17. And no one will do anything now. I am so mad. I tried to collect when the children where young and could not get any help. And the same is true now.

If you are stating that you had a child support order with private payment, did not raise any objection to the court that your ex- wasn't paying it, and now want to try to collect support some 16 years after your youngest reached adulthood, you are likely going to have a problem proving the arrears.

If you are stating that your ex- paid support through your children's adulthood then stopped, you did not object to the termination of support, and sixteen years later you're trying to claim that he continues to owe support for your independent, adult children because the court never ordered that it be stopped, that's not going to happen.

The rest depends on the facts.

You have 2 issues here, the kids are adults and latches likely applies.

In Mississippi child support automatically terminates at age 21 per MCA Sections 93-5-23 & 93-11-65.

The Statute of Limitations to collect child support arrears in Mississippi is 7 years past the age of majority (MCA Section 15-1-43).

You're out of gas on this one.

I tried and tried to collect all thru the years. He always had a job that he got paid cash and they (Child enforcement agency) would not do a think. I hire an attorney and took him back to court. He got a slap on the wrist and was told to pay $10.00 extra a month until he was "caught up". I told the judge he didn't even pay what he was suppose to pay. But he agreed he would, never did. And it went this way the whole time.

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Quoting alliej0225

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I tried and tried to collect all thru the years. He always had a job that he got paid cash and they (Child enforcement agency) would not do a think. I hire an attorney and took him back to court. He got a slap on the wrist and was told to pay $10.00 extra a month until he was "caught up". I told the judge he didn't even pay what he was suppose to pay. But he agreed he would, never did. And it went this way the whole time.

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Sorry, I don't know what to tell you. Most states do not have a SOL re: back child support. It appears that Mississippi does. You can try talking to a local attorney, but from everything I've read, it's done.

I went into the Mississippi laws and read those sections. From what I read, they were not effective into 1999. My divorce was granted on August 3, 1990. Will this make a difference? And the 15-1-43 is pertaining to judgment or decree. SEC. 15-1-43. Limitations applicable to actions founded on domestic judgments or decrees.

All actions founded on any judgment or decree rendered by any court of record in this state, shall be brought within seven years next after the rendition of such judgment or decree, and not after, and an execution shall not issue on any judgment or decree after seven years from the date of the judgment or decree.
If this were the case, then someone with very small children could not collect any support past the 7 years. Is that right? Because I looked up all these sections in the law books. (I have taken paralegal classes and, no, I am not an attorney. And most of my dealing have been with criminal law. I have been a advocate of victims of violent crimes since 1999 and got involved with a non profit agency that served a 33 county area.) If I read this wrong, please tell me so.

Read through this: http://probono.olemiss.edu/files/201...et-draft-5.pdf

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Defenses to judgment for arrearages
A. A payor may defend an enforcement action by asserting:
(1) That the statute of limitations (“SOL”) has run, a. Alimony
i. The 7-year SOL runs from the time each alimony payment is due, not from the date of the divorce decree.
ii. Only payments due and vested more than 7 years prior to the date of filing suit are barred.
b. Child support
Note: The running of the SOL is suspended during a child’s minority.
i. The 7-year SOL applies to actions to collect child support arrearages but the period does not begin until a child reaches the age of 21.
ii. If the SOL runs on the claim of one of several children covered by a support order, the claim is barred as to that child’s pro rata share.
iii. The claim may be brought by either the child or the child’s custodial parent (within the 7 years after the child reaches the age of majority)

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Again, you should speak to a lawyer in your area but from everything I've read, you only had 7 years after age of majority (21 in some cases, younger than 21 if certain conditions were met) to pursue this.