First, the state in which your divorce decree was issued may have a statute barring your claim. For example, in California the statute for enforcement of a judgment for back child support has no time limitation, but it doesn t expressly provide retroactivity. A California court denied a claim for back child support for a child in her forties under this statute. Your claim may also be barred by a legal doctrine called laches. This doctrine is used as a defense when a legal claim becomes stale and prejudicial because a lot of time has passed.
Laws regarding the collection of past due child support vary from state to state.
It s important to consult with a qualified local family law lawyer to get the right answers for you. Child support and visitation are independent obligations. You can t stop paying support if visitation is denied, and you can t deny visitation for nonpayment of child support. For specific information about options you may have to collect child support, contact a qualified family law lawyer in your local community. My ex-wife hasn t allowed me to see my son for several months.