Md. Code Cts. & Jud. Proc. § 5-102
Child Support Arrears
Actions to collect unpaid child support.
Statute of Limitation in Maryland
The statute of limitations for filing a claim for child support arrears in Maryland is typically 12 years from the date the payment was due.
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Exceptions & Conditions
An exception occurs if the non-custodial parent acknowledges the debt or makes a partial payment; this can reset the statute of limitations. Additionally, if there are ongoing support obligations, the time may be tolled until those obligations cease. Contact an attorney.
Example Scenario
If a child support payment was due on March 1, 2023, the claim for arrears must be filed by March 1, 2035.
Understanding Statutes of Limitations in Maryland
The statute of limitations for child support arrears in Maryland acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Maryland state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for child support arrears after the 12-years period has expired, the defendant will likely file a motion to dismiss the case. In Maryland, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Maryland law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Maryland serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (12 years in this instance), potential liability is extinguished.
Can this be resolved in Maryland Small Claims court?