Can You Collect Unpaid Child Support, 50 Years Later

My question involves child support in the State of: Colorado

I realize the statue of limitations may apply to my question but I've read so many conflicting laws I figured I'd ask here


In 1959 while my mother was pregnant with me my father an officer in the Navy had an affair with a woman and got her pregnant. On 6/2/59 my mother filed for a divorce at which time my father was ordered to pay child support. My mom said he made two payments and stopped. Because we had no income, no place to live my mother had to take the first job she could get which paid close to minimum wage and no insurance. My mom called my father and told him she needed help raising me and my two sisters. He told her she didn't have the money for an attorney and even if she did he would go to prison before he gave us a penny, by this time he remarried and had a child and another one on the way. My mom called him several times after that but either him or his new wife would hang up on her.

Because she foolishly believed him that she needed an attorney and couldn't afford one and due to her low paying job and not being able to afford a car taking a full day off work to get on the bus, go to court than go back to work would cost her a full day's pay and with 3 kids who needed food and housing she couldn't afford to take the time off to take my dad back to court. Finally when I turned 13 after they had turned off out electricity for the 3rd time because we didn't have the money to pay it my mom called my dad again and for some reason agreed to give her a whopping $95.00 a month to help raise his 3 kids.

The state of Colorado states there's a 20 year statue of limitations on child support than on another web site it states they go back to the birth of the child to collect. Than there's the Bradley Law that states there is no statute of limitations and if the parent owes back child support he/she will be forced to pay it. My father is also in contempt of court because he refused the judges order to pay child support something the Navy frowns on and he could lose his pension if found guilty. According to the rules issued by the Navy for their officers it's the Officers obligation to pay child support, provide housing and health insurance all of which my dad never did

He is currently retired, receives social security and 3 different pensions, owns a house worth $350,00.00 pays for his wife's gambling debts and constantly gives his children money from his second marriage. He just gave one of his daughters $13,000.00 so she could put a down payment on a house. He has a will and me and my two sisters aren't in it regardless of the fact my sister is his first child and he snuck into the hospital on the day I was born and gave me his name. This man has abondoned U.S. and continues to treat us like we don't exist. My mother tried for years to get him to pay child support but had no luck. Had I not just looked into this I would have known about the court order to pay child support more importantly my mom is 83 and if she doesn't have a heart operation she'll be dead in two years. I'm not out to make this man live in poverty I simply want what's due to us and apply that money to my moms medical care. Please tell me I have a leg to stand on and can hold him responsible for all those years of neglect and abuse

I don't think you have a snowball's chance in hell.

He also won't lose his Navy pension.

Laches is not commonly considered in child support matters, but regardless the chances of the court making him pay now are slim to none.

Thank you for your blunt reply but you may have forgot one thing the Bradley Amendment which states

In United States law, the Bradley Amendment (1986, Public law 99-509, 42 U.S.C. § 666(a)(9)(c), Bill Bradley) requires state courts to prohibit retroactive reduction of child support obligations. Specifically, it:

automatically triggers a non-expiring lien whenever child support becomes past-due.
overrides any state's statute of limitations.
disallows any judicial discretion, even from bankruptcy judges.
requires that the payment amounts be maintained without regard for the physical capability of the person owing child support (the obligor) to promptly document changed circumstances or regard for his awareness of the need to make the notification.
But, like any other past-due debt, the obligee, typically a mother, may forgive what is owed to her.

When past-due child support is owed to a state as a result of welfare paid out, the state is free to forgive some or all of it under what's known as an "offer in compromise

Laches only apply to contempt of court charges and are applied at the discretion of the court. Laches have nothing to do with child support and the Navy can and will take action against an officer who dis descrates the uniform retired or not due to their high code of ethics more importantly the navy doesn't have a statue of limitations concerning child support

With that in mind just going by the Bradley Amendment maybe I do have a chance in hell

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Quoting tug

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Please tell me I have a leg to stand on and can hold him responsible for all those years of neglect and abuse

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I don’t think anyone could tell you with certainty what she might be able to do here. Note that the statute of limitations (SOL) would be an issue if she had never sought child support and was looking to do that now. Here, though, she did get a court order of support. While generally under the laws as they exist today there would be no expiration on the time for enforcing such an order, laws change and what matters here is what the laws were in 1959 when she got the order. It may well be that the law set a limit on the time for enforcing that order of support. Moreover, even if that were not the case, her failure to enforce it timely then may preclude her from enforcing it now under a laches type defense. You certainly should take a copy of the order to a Colorado family law attorney and see if there is any possible option for your mother to enforce it. Just don’t get your hopes up very high on this one. Your mother basically did nothing to enforce this for over 50 years. The courts aren’t going to be very sympathetic to her coming in now with a claim that’s been dormant for 50 years.

The Bradley Amendment was enacted in 1986. If under Colorado law the child support order had already been unenforceable due to lapse of time the Bradley Amendment would do nothing to revive it.

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Quoting tug

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In United States law, the Bradley Amendment... requires state courts to prohibit retroactive reduction of child support obligations.

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A statute of limitations does not modify the amount of a debt. It instead prevents the debt from being enforced through the state's courts.

Sorry but from what I read about the Bradley Amandment there is no statue of limitations and it over rides all State laws. If your a dead beat dad and regardless of your circumstances when you decided your needs outweighed the needs of your children even 50 years ago you will be held responsible. Regardless of your current circumstances you will live up to your obligation or spend some time in jail. The days of my father and his family living high off the hog are about to come to an end. I've been waiting for this day for 50 years. I can hardly wait to see the look on his wife's face when she realizes her days of putting $30K on a credit card or giving HER family unlimited funds is over. Vengeance is mine said the Lord and that day is here. With Gods help my mom will collect what's due to her and she can have her operation. If we are fortunate to collect everything goes to my mom she's the one that sacrificed and suffered because of that SOB

Alrighty then.

so you are going to get your 83 year old mother to take up the challenge again even after having no luck before?

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Quoting tug

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If we are fortunate to collect everything goes to my mom she's the one that sacrificed and suffered because of that SOB

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It's not us you have to convince.

If you are so determined to get your mother some "justice" feel free to put up some cash and sit her down in front of a divorce lawyer to find out if SHE has any cause of action for past unpaid child support.

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Quoting tug

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Sorry but from what I read about the Bradley Amandment there is no statue of limitations and it over rides all State laws

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Then you are either misunderstanding what you read, or you read something that is not correct.

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Quoting Louisiana Civil Code, Art. 3501.1.

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Actions for arrearages of child support An action to make executory arrearages of child support is subject to a liberative prescription of ten years.

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See also Dept. of Social Services v. Peteet, 40 So. 3d 1015 (La. Ct. App. 2010); HHS instruction on the application of UIFSA ("In a proceeding for arrearages, the choice of law in determining which State's statute of limitations to apply is easy to remember. Always apply the law of the State with the longest statute of limitations available.")

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Quoting tug

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Laches only apply to contempt of court charges and are applied at the discretion of the court. Laches have nothing to do with child support and the Navy can and will take action against an officer who dis descrates the uniform retired or not due to their high code of ethics more importantly the navy doesn't have a statue of limitations concerning child support

With that in mind just going by the Bradley Amendment maybe I do have a chance in hell

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Allow me to educate you just a smidge. Because it's Sunday and, well, I'm just one of those kind-hearted gals.


You seem to believe that Laches has nothing to do with child support. Why not take a wee look here?

http://www.floridasupremecourt.org/c...3_JurisIni.pdf

As we can see, there is much discussion of how and when Laches is and may be applied ergo Laches jolly well can apply when child support debts are being litigated.

And this from Illinois: https://www.illinoisdivorce.com/fami...ld_support.php

More discussion: http://caselaw.findlaw.com/fl-distri...l/1165436.html

Now, I want you to actually think, when you're next discussing the Navy. K? K.

Apology accepted. Have a lovely Sunday,

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Quoting tug

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Sorry but from what I read about the Bradley Amandment there is no statue of limitations and it over rides all State laws. If your a dead beat dad and regardless of your circumstances when you decided your needs outweighed the needs of your children even 50 years ago you will be held responsible. Regardless of your current circumstances you will live up to your obligation or spend some time in jail. The days of my father and his family living high off the hog are about to come to an end. I've been waiting for this day for 50 years. I can hardly wait to see the look on his wife's face when she realizes her days of putting $30K on a credit card or giving HER family unlimited funds is over. Vengeance is mine said the Lord and that day is here. With Gods help my mom will collect what's due to her and she can have her operation. If we are fortunate to collect everything goes to my mom she's the one that sacrificed and suffered because of that SOB

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Oh, I daresay I would understand if your ailing father would simply ignore your existence.

HaHa. HaHaHaHa. HAHAHAHAHAHAHAHA. BWAHAHAHAHAHAHAHAHAHAHAHA.

Hmmm... thinking. In 1971 my mother somehow got my dead beat dad to pay $95 a month for 3 kids. He paid that till 1978 so it's obvious he was obligated to pay child support. Let's not forget the contempt of court charge which started immediately when he stopped paying child support. Being an officer in the Navy and living a lie for 50 years would definitely be frowned on by the military and because he desicrated the uniform the entire time he was enlisted that could very well affect his pension. I have read the Bradley Amendment front to back and have yet to see the years that are affected by it. I know when it was enacted but no where does it say the actual years it effects. Speaking of the Navy he was obligated to pay child support health insurance and housing which he didn't pay. The rules of the navy and civil court for child support are completely different and again there is no statue of limitations. I may be wrong but this man has taken something away from that I'll never get back, he took my childhood away and while his new family was living high off the hog we were having our electricity turned off and even though he knew about not once did he offer to pay to have it turned on. Any man that can turn his back on his own flesh and blood like he did isn't a man at all and anyone man who defends his actions is even less than a man he's a coward

Yes, you're wrong.

You need to be in counseling - your problems run far, far deeper than you can imagine.

If you're truly concerned about your Mom's health, and given the limited time she likely has left on this Earth, at 83, you'd be devoting your time and energy to getting Medicaid for her, to pay for the operation, rather than wasting 2+ years trying to chase after a 50 year old child support debt.

OP posted down the street.

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There's an amendment called the Bradley amendment that states there are no statue of limitations when it comes to child support in arrears. The law doesn't care the reason why you didn't pay support if your in arrears you will pay what you owe

My question is do I need to hire an attorney to get my dad to pay court ordered child support. He was already held in contempt for non child support once when he and my mom first divorced but his mom came up to my mom and begged her not to press charges and she gave her her word he would pay if she dropped the charges

Instead my mom made a stipulation that stated as long as my dad keeps up with his child support the charges will be dropped. When they were walking out of the court house my dad threatened my mom and told her she was going to regret divorcing him and he never made a child support payments even though he could more than afford it.

The Bradley amendment is pretty cut and dry it states if your in arrears you must pay and it takes away the states statute of limitations. This law was written for people like my dad. He could more than afford to pay child support but just refused to. My mom had called him and all but begged him to do as the court ordered and once again he threatened my mom to the point that she was afraid to take any action against him. Whenever she card him after that either him or his new wife would hang up on her. In the mean time their shutting of our electricity because my mom couldn't afford to pay it. At one point the electricity was turned off for 9 days so there were 3 little kids huddled against their mother at night because they were frightened and didn't quite understand why we didn't have electricity . My dad was aware of the fact we didn't have electricity and refused to help my mom pay for it

I want to nail his ass to the wall so bad it's not funny. I want to show his wife and their kids that I'm not my mom and they can't intimidate me and he will either pay what he owes or I will freeze and attach all of his assets and they'll find out what it's like to have their electricity turned off
Last edited by Tugg; Today at 01:03 PM.

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He still doesn't believe MrKIA. Or anybody else.

Essentials for Attorneys in Child Enforcement

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Statutes of Limitations for the Enforcement of
Child Support Arrears

Colorado: The statute of limitations is 20 years for debts accrued before July 1, 1981; 6 years for debts accrued after that time. Colo. Rev. Stat. § 13-80-103.5; In re Marriage of Aragon, 773 P.2d 1110 (Colo. Ct. App. 1989). Judgments are renewable before expiration.

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OP you have completely misconstrued what the Bradley Amendment will allow. As for the military - well, good luck trying to have the military take any action against your father under the Uniform Code of Military Justice and bring him to court martial. He's a civilian now.

From the UCMJ:

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the military department does not control the personal affairs of nonactive duty personnel. These personnel usually are in a civilian status and are not subject to military discipline.

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You are SOL. Your mother sat on her hands for 50 years and didn't take action to collect when she could and should have done so.

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Quoting EA1070a

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Essentials for Attorneys in Child Enforcement



OP you have completely misconstrued what the Bradley Amendment will allow. As for the military - well, good luck trying to have the military take any action against your father under the Uniform Code of Military Justice and bring him to court martial. He's a civilian now.

From the UCMJ:



You are SOL. Your mother sat on her hands for 50 years and didn't take action to collect when she could and should have done so.

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Norman Schwarzkopf himself could have that same discourse with the OP and the OP STILL wouldn't believe it.

(Well... except that he's dead, but that's just a technicality for this purpose)