Collection of unpaid child support (child support arrearages)
Question:
If a child support obligor is in arrears, but so much in arrears that it is likely ORS won’t be able to recover enough money to bring payment current before the child turns 18, can and will ORS continue to collect after the child turns 18 until the arrears are brought current?
Answer:
Utah Code § 78B-5-202(6) allows for a child support order or sum certain judgment for past due support to be enforced until the youngest child in the order reaches 22 years of age or until eight years from the date the sum certain judgment was entered. The longer duration would apply.
(6)(a) A child support order or a sum certain judgment for past due support may be enforced:
(i) within four years after the date the youngest child reaches majority; or
(ii) eight years from the date of entry of the sum certain judgment entered by a tribunal.
(b) The longer period of duration shall apply in every order.
(c) A sum certain judgment may be renewed to extend the duration.
With that said, there are instances when the time frame to collect past due support may be different. For example, if Utah is enforcing another states order, then the other state’s statute of limitations may apply.
Utah Family Law, LC | divorceutah.com | 801-466-9277