If the criminal indictment does not cover the entire period for which the non-custodial parent owes me support, does he still have to pay me for the periods not covered?
Yes. Remember the criminal and civil procedures are separate. Any child support arrearage that is civilly enforceable is still civilly enforceable even if it is not covered in a criminal non-support charge. The fact that a period is not covered in the criminal indictment only means that the State is not seeking criminal punishment for that period. It does not mean that support owed during that period is not enforceable. I just received a copy of an indictment alleging that the person who owes me child support has committed criminal non-support but the dates in the indictment are not the same as the dates he owes me support for. Why? Keeping in mind that criminal and civil enforcement of support are separate, there are many reasons why the dates on the indictment may not match the entire period for which child support is due. First, there is a seven year statute of limitations in this kind of criminal action so a non-support indictment will not normally go back more than seven years. On
Related Questions
- If the criminal indictment does not cover the entire period for which the non-custodial parent owes me support, does he still have to pay me for the periods not covered?
- The child’s non-custodial parent gives me diapers and clothes. Does that mean he or she doesn’t have to pay support?
- What if the non-custodial parent fails to pay the court ordered support?
