Statute of Limitations on Collecting Child Support Arrears
Рет қаралды 8,200
This video explains the statute of limitations on child support arrears in California.
The following may be a good starting point for your legal research. All codes and case law are from California unless otherwise stated.
Jessica Ryan Keeney is licensed to practice law in the State of California. She is the Department of Child Support Services (aka DCSS) attorney for Lassen County and Plumas County (two small, rural California counties). She has practiced family law since December of 2009 when she was sworn in as an attorney in California. Before that, she worked as a law student for a family law attorney starting at the end of her second year of law school until she graduated from law school (a four-year law school program). She was a City Attorney for a small rural city in California for just shy of 5 years.
This video is not legal advice. This video is for educational purposes only. Neither Jessica Ryan Keeney nor Lassen County Department of Child Support Services, nor Plumas County Department of Child Support Services, nor anyone else can guarantee or be responsible for the outcome of your case.
Although the following links are not mentioned in this video, they link to information that is often helpful in IV-D child support and family law matters.
Copies of California Judicial Council forms can be found at www.courts.ca.gov/formname.htm.
Date Time Calculator is available at www.timeanddate.com/date/date...
CSDA Attorney Sourcebook, AKA DCSS Sourcebook, AKA Child Support Bible, can be purchased at: csdaca.org/product-category/p...
California Statutes Including the Family Code: leginfo.legislature.ca.gov/fa...
Family Code section 291: leginfo.legislature.ca.gov/fa...
Family Code section 4500 & 4503: leginfo.legislature.ca.gov/fa...
Family Code section 5700.604: leginfo.legislature.ca.gov/fa....
Trend v. Bell 57 Cal.App.4th 1092 (Cal. Ct. App. 1997)
Scheuerman v. Hauk (2004) 116 Cal.App.4th 1140
California Child Support Services: childsupport.ca.gov
Lassen County Department of Child Support Services: lassencounty.org/dept/departme...
For more resources visit Jessica Ryan Keeney's web page at: jessicaryankeeneylaw.com/reso...
@rondacus 11 ай бұрын
"In California it doesn't matter if the child has turned 18 or not; those arrears are still payable until they are collected in FULL." This is actually [statutorily] incorrect, illegal and unconstitutional. There is absolutely NO authority for ANY state to impose this on anyone. 🤔... And it would probably surprise people to know that there actually IS a [federal] statute of limitation (binding on ALL states, territories, possessions, etc.), although if not read properly (and apparently NOBODY has), you WILL miss it 👀. I've read PAST it for the past 15 years 😩! So, to bring it front and center, I am filing a MAJOR federal lawsuit in the next couple of days here in California. I'm confident this will 'straighten things out' and bring these 'parasites' under control ['government' accountability]. The devil (as they say) is TRULY in the details 🧐! If you are someone who has had the 'boot of government on your neck' after your child(ren) turned 18 (since 2008 in my case), then I hope to bring clarity and RELIEF with a WIN in court; whether that happens in District Court, the 9th Circuit Court of Appeals or the U.S. Supreme Court! 😉
@heathermccormack1108 9 ай бұрын
Did you file?
@rondacus 8 ай бұрын
@@heathermccormack1108 Sorry... I forgot to post this. 😊 Ronald Henry v. Contra Costa County Dept. of Child Support Services 😉
@strnglhld 2 ай бұрын
@@rondacusHe LOST that case though.
@strnglhld 2 ай бұрын
@@rondacusHold up, is this your case? You owe $90,000???? “Plaintiff's motion for recusal is DENIED.”
@dianetigert1310 2 ай бұрын
unlawful debt is null and void......... @strnglhld pay your taxes so everyone that goes without can rely on supporters like you to help out.. work extra so you can pay a little extra.
@cristinapreciado9533 3 ай бұрын
Hello, I've been trying to collect child support for over 20 years. Can I please have some orientation in possibly collect over $30,000 in arrears?
@rcthomas6925 Жыл бұрын
Thank you. There is is a Statue of Limitations for Los Angeles County.
@lassencountydepartmentofch8498 Жыл бұрын
You should speak to the Family Law Facilitator in your county or an attorney to discuss your options. DCSS can take payments on child support arrears. Often on old child support cases, DCSS gets a liquidation on arrears order (basically an order to pay something toward the arrears). We try to get the order so that it covers the monthly interest and some principal. Just because we get a liquidation order doesn't mean we won't take more money as we find it. We will still levy bank accounts, intercept tax returns, report to the credit bureaus, and take other enforcement action. But, if the liquidation order is being paid, we will not file contempt charges for failure to pay child support arrears. If some of the arrears are owed to the State (because the other party was aided at some point while child support was owed), you may be eligible for the debt reduction program through DCSS. This is a program where your arrears owed to the State can be reduced based on the amount of money DCSS believes you can pay. We have a method for figuring this out. The local child support agency enforcing your child support case can explain the program to you, let you know if any of your arrears are owed to the State, let you know if you are eligible for the program, and get you the forms you need to fill out to apply for the program.
@zahraawolowo6506 Жыл бұрын
You’re a sorry ass individual
@rondacus 10 ай бұрын
There IS a statute of limitation. The problem is, NOBODY seems to have noticed it. Look for my comment to the video for the details.
@sewingseeds. 2 ай бұрын
What happens if child support is in arrears from over 20 years ago, the child is now in their 30ties and the receiving parent has passed away? This is the situation for someone I know personally. Thank you so much!
@tracythethriftygroomer6091 Жыл бұрын
I haven't been able to access my child support for almost a year. .I have called to get help with this to no avail. I then opted out of electronic payments and back to checks but they still have not paid me the money from the last year. They have only sent me the current collections. What can I do to access this money from them?
@lassencountydepartmentofch8498 Жыл бұрын
Unfortunately, you need to contact the child support agency that is enforcing your case.
@dianetigert1310 Жыл бұрын
you can file with the court and request discover through proper procedures of the court. DCSS can be named as a defendant in a court of law if they are not performing to the promises they entered into through a contract with you..
@AdonisHursey-yk7hp 11 ай бұрын
Did this law of collecting change I seen something on this topic
@lassencountydepartmentofch8498 3 ай бұрын
Did the law change since when? I'm sure it changed at some point. However, this has been the law in California regarding collecting child support arrears, the entire time I've been practicing law.
@dianetigert1310 2 ай бұрын
It is not LAW!! It is Administrative polices
@theodorereavisjr4525 13 күн бұрын
in VA IS 20 YEARS
@ShontelSilvlas Жыл бұрын
My ex took of to Mexico so didn't have to pay child support. Now is back to collect Soc. Sec and Pension where can I get the forms to start garnishing. Thank
@lassencountydepartmentofch8498 Жыл бұрын
We highly recommend going to your local Department of Child Support Services. They will not represent you and they will be slower than a private attorney will be but they will do it for free, they will keep track of the accounting (though you should keep an eye on it too because it's always a good idea to double check your own case), and they have collection mechanisms that you and private attorneys do not have.
@dianetigert1310 Жыл бұрын
when a lawyer represents a case they become the employee hired by the employer.....they represent the best interest of the moving party as an officer of the court. Title 18 usc 1001
@josephriley3244 11 ай бұрын
Females select genetics and males broadcast genetics. These processes are our biological adaptations for procreation. Select good genetics before spreading your legs. Nobody owes you anything. Child Support offices are commercial organizations look at their website. Dot org not not gov. These commercial organizations are a business for reimbursements and tax money. Go read Plato’s allegory of the cave. You type of people have been causing the fatherless crisis. Chasing down men over a human construct. The Nazis also misused language to create confirmation bias over the youth. Nazis turned women into incubators and men into expendable unit, and they too started facing a population collapse, so they attacked Russia. The alpha generation is the smallest generation in recorded history for the United States
@bigkatuna2981 Жыл бұрын
I see CA legal/lawyer sites that say statute of limitations is 3 years. Where might that be coming from?
@lassencountydepartmentofch8498 Жыл бұрын
I have no idea because it's wrong as to collecting child support arrears in California. We cite the law so that you can go read it for yourself. A lot of "sources" on the internet don't cite the law, which means you cannot go verify for yourself. This is not to suggest that one should delay in collecting or trying to collect California child support arrears though.
@dianetigert1310 Жыл бұрын
In California the state constitution article 1 section 3 states you can demand their Oath and Bond and seek to find the indemnification clause in their insurance policy and see what the Principe or the person is liable for when practicing law with you. If they are found infringing upon your civil rights, you can proceed in a court of law for remedy. California Civil Procedure section 412.20(6) and invoke the Tom Bane Act.
@rondacus 10 ай бұрын
@@dianetigert1310 The law as it is written already gives remedy. Apparently, NO ONE has noticed it; or maybe it'd be bad for [their] business if they did. 🤔
@dianetigert1310 10 ай бұрын
@@rondacus the law is written...title 28 U.S. Code § 607 - Practice of law prohibited An officer or employee of the Administrative Office shall not engage directly or indirectly in the practice of law in any court of the United States. hope this helps
@rondacus 10 ай бұрын
@@dianetigert1310 Good luck trying to enforce that. I don't think this is something I would argue as I haven't seen an instance where this approach worked for anyone. Maybe it has but I just haven't seen it.
@ShontelSilvlas Жыл бұрын
what do I have to do and who do I need to talk to. Do I need to go to the child support office? where can I get the forms to start doing this. lawyers are too expensive for me...Can I do this myself? Thank You!
@lassencountydepartmentofch8498 Жыл бұрын
People can always represent themselves in family law matters. Of course, they are better off hiring an attorney because attorneys can give them legal advice and know the law. The Department of Child Support Services has collection mechanisms available to them that private attorneys do not (like being able to take driver's licenses, hunting and fishing licenses, professional licenses, intercepting tax returns, turning people in to have passports revoked or denied), they will keep track of the accounting and take care of most the foot work. Having said they, they do not represent either party and they only collect child support (or child support and spousal support while current child support is being collected).
@dianetigert1310 Жыл бұрын
isn't true and correct lawyers have no power to invoke the court in summary jurisdiction whether in oral or briefs? Only a competent witness who signs under penalty of perjury can empower the judge to compel the other party to do something. If the SSDCS can not represent a party, then who are they representing in a court of law? Title 28 usc 607
@lassencountydepartmentofch8498 Жыл бұрын
@@dianetigert1310 I have no idea what you are asking. DCSS represents the public interest (the government) and does not represent Mother or Father in a child support case.
@dianetigert1310 Жыл бұрын
@Lassen County Department of Child Support Services the government is not the public, nor their interest...the government is private and the public is not privy to their business. Child Support is Governed by the Director appointed by County Board of Supervisors who control the lawyers like the CEO of the Court does with the Judges. They appoint their administrative business to a registered attorney of record. And they label the parties as custodial and non-custodial parties. But what really rises to ask.....if you don't understand, why respond? I did state title 28 usc 607 and you made no mention to reflect that matter?????????????? that interesting to me.
@martinspencer4977 11 ай бұрын
Do you know the statute of limitations in new York?
@lassencountydepartmentofch8498 3 ай бұрын
Unfortunately, we don't.
@aalhdy Жыл бұрын
How to contact you , I have back childsupport ,I got a divorce in 1982, have two cases againts him on him for him to pay, ,pays few months and stopes, I can collect that money that he never paid me and left his two boys hungry ,and I was runing between jobs to try to survive and taking care of them, please need to contact an atorney to collect that money with interest.
@lassencountydepartmentofch8498 Жыл бұрын
Contact the Department of Child Support Services in your county. They can help you. They have collection methods available to them that private attorneys don't (things like tax return intercepts and taking drivers licenses).
@diplomat249 Жыл бұрын
Sad state of affairs
@peloncarlos714 Жыл бұрын
I'm in Colorado can I file something to get my back owed child support paid in full??
@lassencountydepartmentofch8498 Жыл бұрын
Your local child support agency should be able to help you.
@SuckafreeSimpin Жыл бұрын
Get to work hoe
@ShayWilliam341 6 ай бұрын
@@SuckafreeSimpin your mom is a hoe
@ShayWilliam341 6 ай бұрын
@@code6charles966so is your mom why are you so dumb
@garygraham7105 11 ай бұрын
In my case, paying both the State of Texas and State of New York. for the last 30 years for kidnapped and dead children. The States collect money but the money goes missing and one State collectes the Stimulus money and keeps it for themself and does not tell the other State. 76 years old dying and wnat to fight back. Owe NY $53,200; Owe Texas $7,500. Criminal Rico.
@josephriley3244 11 ай бұрын
Texas Attorney General Paxton has been voted to be impeached and faces a hearing. Paxton was the head of child support. Paxton was investing in Uber after generating unpayable arrears. Paxton went for SSI in child support cases. Paxton and other bad actors such as the witch in this video need a fair trial for treason. A commercial organization building strategies to mentally and financially break men. The AG office and United States Department of Health and Human Services in on the extortion. These entities care about reimbursements and tax money not the children. Fiat Dollar. Domestic Relations Law from the seventies removing men from children for more equitable processes. These bad actors push for Hypergamy. Fathers turned from dad to uncle status so baby momma can buy her new man couple massages. The alpha generation is the smallest generation in recorded history for the United States. Wonder how come?
@rondacus 10 ай бұрын
Hang in there, Gary. I am filing a federal lawsuit here in California this week addressing what is happening to you, me and hundreds of thousands (if not MILLIONS) of FORMER so-called child support 'obligors'. It's way past time to put these agencies in their place, restore ORDER and accountability and put an absolute END to this oppressive boot on-the-neck tyranny! Stay tuned, brother. 😉
@strnglhld 2 ай бұрын
@@rondacus And you lost the case. Lol
@dianetigert1310 2 ай бұрын
@rondacus piss be upon you.......may you go in peace with piss be upon you
@oglou34 Жыл бұрын
I'm in NYC...I have arrears as well. What can I do? Please help? Thank you.
@lassencountydepartmentofch8498 Жыл бұрын
Different states have different Statutes of Limitations on collecting arrears. If your arrears are owed in California, contact that Family Law Facilitator in the county in which your arrears are owed for help.
@Sight2Behold Жыл бұрын
Here's what you do to get rid of arrears...watch Rick W child support on youtube, he has thousands of videos, including what to do about arrears, good luck
@oglou34 Жыл бұрын
@@Sight2Behold thank you
@dianetigert1310 Жыл бұрын
the U.S. constitution is nation wide and has authority over every state according to their labor practices. ABA rules delegates the conduct of attorney's. ABA rule 8.4 attorney misconduct.
@zahraawolowo6506 Жыл бұрын
That’s what you get loser
@Ben-gv5nz Жыл бұрын
Case law prove child support is illegal.the court is a corporation not a government.thr get interest from child support court clerk get money and the sheriff get money also if the man is arrested.the corporation you work for is owned by Pope Francis and the British government. That means it a foreign corporation.you being a lawyer for the foreign corporation have to have a foreign registration statement.if you don't have registration statement, foreign certificate of participation and anti bribery statement you cannot act as a foreign agent.not having those statements is a ten thousand dollars fine and five years in prison.that goes for the judges also. You are a criminal just like other criminals.
@ramseydoon8277 Жыл бұрын
Quit the mental gymnastics and take some responsibility, pay your damn child support or hey what about actually supporting your child?
@Sight2Behold Жыл бұрын
@Ramsey Doon Yeah, responsible for paying a corrupt system that takes 66.6 of every dollar you give to the other parent, gtfoh, you don't owe these fraudsters which had ypu hoodwinked for a long time, now debate me on this subject, I'll come with facts, maybe you'll come with feelings, not a fair fight
@ramseydoon8277 Жыл бұрын
@@Sight2Behold be a man and a father instead of being whiner and a coward. Take responsibility for your actions by stepping up to the plate and being a parent to the child you're so eager to abandon. It's mind-boggling, the fact that you're trying to explain why there's no reason for you to be in any way responsible for the life you brought into this world. It's absolutely wild. Do you hear yourself? You should be embarrassed and ashamed. Quit complaining, you're not the victim here.
@Vacationtime247 Жыл бұрын
Sad to see so many dead beats in your comment section trying to get out of paying support and arrears.
@eman3414 Жыл бұрын
Stop begging get s job. You loser.
@ronaldnelson4370 7 ай бұрын
@@eman3414you don't have a clue what's going on
@user-uj7cp3xq6g 6 ай бұрын
I bet u r on public aid
@ronaldnelson4370 6 ай бұрын
I don't have a clue I've been involved in it over 30 years The person that does not have a clue is you!! Is there not enough homeless people for you to get a clue
@jasoncrone2710 5 ай бұрын
You must b on vacation un your mind...no such thing as child support sage v u.s. lol
@GODLOVETHEM 3 ай бұрын
Click bait is unethical.
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