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Category: Family Law
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Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My children are 21 and 23. Their father never paid his ordered

Resolved Question:

My children are 21 and 23. Their father never paid his ordered child support. Is there a statute of limitations in Maine for collection of back child support? He refuses to even help them with their education.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. In Maine, there is no statute of limitations of enforcement of child support orders. But payment is presumed after a period of 20 years. As such, if there was a court order in place then he had a legal obligation to pay. You could still go after him at this time to enforce it and would likely be able to obtain interest and others fees/ costs associated with it. If he refuses to pay on his own it can be enforced through garnishment and the State can go after his wages or other assets to satisfy the amount owed.
Customer: replied 1 year ago.

Am I the one that has to prove he didn't pay or does he have to provide proof that he did pay?

Expert:  FamilyAnswer replied 1 year ago.
The burden would be on him to show he paid, once you allege and state in your complaint that he has failed to do so as ordered by the court.
Customer: replied 1 year ago.

Would I need to process this through the court system or through the Dept. of Human Services. I never used any of their services or collected any money through them.

Expert:  FamilyAnswer replied 1 year ago.
You could start with the State and allow them to help. Here is the link to their site to start the process and you should call wand speak with them ahead of time to advise them of the situation. If needed, they can direct you to the court if their service is outside the scope of what you need.

http://www.maine.gov/dhhs/ofi/dser/service-guide.html
Customer: replied 1 year ago.

You are certain that this is the Maine law and that I can pursue this?

Expert:  FamilyAnswer replied 1 year ago.
Yes. If there was a statute of limitations in Maine, a parent could just wait, not pay and avoid their parental and legal obligation to pay. He can not benefit from his own wrong doing and you 100% at this time have a legal right to enforce and collect past due child support which was court ordered.
Customer: replied 1 year ago.

Thank you so much for your help!

Expert:  FamilyAnswer replied 1 year ago.
You are very welcome. If you have not already, please remember to rate my help with 3,4 or 5 faces so I can get credit for my answer. Thank you and best of luck.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 15819
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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