An Act Regarding the Payment of Back Child Support
Sec. 1. 14 MRSA §864 is amended to read:
§ 864. Presumption of payment after 20 years
Every judgment and decree of any court of record of the United States , or of any state , or justice of the peace in this State shall be is presumed to be paid and satisfied at the end of 20 years after any duty or obligations accrued by virtue of such judgment or decree , except for a child support order under Title 19-A, section 1653, subsection 8.
Sec. 2. 19-A MRSA §1653, sub-§12, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
The equitable defense of laches is unavailable in any action to enforce a judgment, order or mutually consensual and legally binding financial agreement pertaining to child support.
summary
This bill removes the presumption that a child support order has been paid after 20 years and clarifies that the equitable defense of laches is unavailable in actions to enforce a child support judgment or agreement.