Procrastination on Collecting Child Support Arrearages can be Costly

by | Apr 27, 2020 | Family Law

The collection of child support arrearages can be almost as emotionally taxing on the parties as the underlying marriage dissolution or paternity litigation that preceded the arrearage accumulation.  As with so many things in life that are ignored or the subject of neglect, the situation rarely improves on its own.  For example, arrearages that are not reduced to judgment do not earn interest. Even if the arrears are reduced to judgment, the interest they earn is currently only four percent (4%) unless the judgment amount exceeds $50,000.  Minn. Stat. §548.091. If that were not enough, there is a ten (10) year statute of limitation on the collection of child support arrearages. See Minn. Stat. §550.01[1]   Finally, once a child is emancipated, the use of contempt as a collection tool is lost.  See Dent v. Casaga, 208 N.W. 2d 734 (Minn. 1973).

Every experienced family law practitioner has listened to clients who are owed arrearages explain their fears of how they will be subject to various forms of retaliation if they seek to collect child support arrearages from the parent in arrears.  Even worse are the threats by the parent to absent themselves from a child’s life or threaten to engage in various forms of parental alienation against the parent seeking to collect money they are rightfully owed.  If you are owed child support arrearages, you need to take action t collect what you are owed.

At Caldecott & Forro, PLC, we have time-tested strategies to overcome the hostility of parents in arrears on their child support and turn money you are legitimately owed into cash you can use to provide your children better health insurance, a better place to live, and more generally a better quality of life.

This article is not a substitute for legal advice in the context of a specific case. Caldecott & Forro, PLC provides free initial consultations to clients and potential clients on all family law matters.

[1] There is a process to renew judgment for an additional ten (10) years.