Statute of Limitations in Family Law Practice in California, Texas, Florida, New York

This is not a legal advise.  Always check current statutes and case law

A comparative table summarizing key statute of limitations (SOL) issues in family-law (support, custody, enforcement) for California, Texas, Florida, New York. (Note: family-law SOLs are often complex; this is a high-level summary.)

State	Area / Claim	Statute of Limitations / Time-Limit	Notes / Description
California	Child / Spousal / Family Support (Contempt)	3 years	Under CCP § 1218.5, a contempt action for failure to pay child, family, or spousal support must be filed within three years from when a payment was due. J
	Support Arrears (Money Judgment)	No statute of limitations (“perpetual”)	According to California Family Code and enforcement law, judgments for child or spousal support remain enforceable until paid in full.
	Other Contempt (non-support)	2 years	For other family-order violations (not payment), the SOL for contempt is generally two years.
Texas	Child Support Enforcement (Contempt)	2 years	Under Texas Family Code § 157.005, a motion for contempt (enforcement) for child support must be filed no later than the second anniversary of when the child turns adult, or when support obligation terminates.
	Child Support (Money Judgment)	10 years	Texas law allows confirmation of arrearages and entry of a money judgment within 10 years of termination or other relevant date.
	Property Division / Fraud (during divorce)	2 years (fraud)	For example, a spouse alleging fraud (e.g., hidden assets) has 2 years from discovery to bring a claim.
	Paternity Challenge	Before child turns 4	A paternity suit must generally be brought before the child turns 4, unless there was fraud or mistake.
Florida	Modification / Enforcement of Support / Alimony Orders	No fixed SOL for modification in statute itself	Florida Family Law (Chapter 61) allows modification of support or alimony, and the court may retroactively adjust support “as equity requires” to the date of filing.  Also, recent changes: permanent alimony abolished as of July 2023; many alimony awards are now duration-based.
	(General) Civil Actions	Varies	Although not family-law specific, FL Statute 95.11 governs many civil claims; but support enforcement works under family-law procedures.
New York	Child Support Order	Until child turns 21 (support obligation)	Under NY law, a parent is obligated to support a child until they reach age 21 (unless emancipated).
	Enforcement of Judgments (Child / Spousal Support)	20 years	According to comparison guides, NY has a 20-year SOL on enforcing judgments for child support and spousal maintenance.
	Statute of Limitations – Civil Actions	1–10 years (varies)	General civil SOL in NY ranges from 1 to 10 years depending on the type of claim.

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Some Important Caveats / Additional Points

• SOL vs. continuing obligations: Many SOL periods apply to enforcement (e.g., contempt) rather than the underlying support order. Even if enforcement action has a time limit, the obligation (especially in child support) may continue.

• Tolling / Exceptions: In all states, there may be exceptions (fraud, concealment, absence) which can pause (“toll”) the SOL.

• Interstate enforcement: Interstate child support enforcement often uses federal or uniform statutes (e.g., UIFSA) which complicate SOL issues.

• Bradley Amendment: Under the federal Bradley Amendment, child support arrears automatically create a lien, and retroactive reduction of arrears is very limited. 

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 An updated (2025-era) table of statutes of limitation / time-limits for important family-law enforcement claims in California, Texas, Florida, and New York, with brief notes. (Note: this is a summary and not legal advice — always check current statutes and case law.)

State	Area / Claim	Current Time-Limit (Statute of Limitation)	Key Notes / Recent Points (2025)
California	Contempt for non-payment of child / spousal support	3 years from when payment was due	Under CCP § 1218.5, each missed payment is treated as a separate count, so the 3-year clock resets for each payment.  For other Family-Code order violations (non-support), the limit is 2 years.  Also, California’s Family Code § 4007.5 (as of Jan 2024) suspends support obligations during long incarcerations; this may affect arrears.
Texas	Enforcement of child support – contempt	2 years	Under Texas Family Code § 157.005, a contempt motion must be filed not later than the second anniversary of (1) when the child becomes an adult, or (2) when support obligation terminates.  Additionally, the court can later confirm arrearages and render cumulative money judgments if a motion is filed within 10 years of that same point (child turning adult or termination).
Florida	Modification or enforcement of support / alimony	No fixed “statute of repose” in 61.14	Under Florida Statutes § 61.14 (2025), the court may modify or enforce support/alimony “as equity requires.”  Crucially, modification can be retroactive to the date of filing of a modification petition.  There’s no explicit finite SOL for bringing enforcement “actions” in that statute – the law provides the court jurisdiction and discretion rather than a strict cut-off.
New York	Enforcement of child support / maintenance / alimony	20 years from default	Under CPLR § 211(e) (amended in 1987), any action to enforce a support, maintenance, or alimony judgment must begin within 20 years from the date of default.  For support orders entered on or before August 7, 1987, a 6-year limitation applies instead.  Once arrears are reduced to a money judgment, that judgment is enforceable for 20 years. l

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Some Broader / Policy-Level Considerations (2025)

• Bradley Amendment (Federal): Although not a state SOL, the Bradley Amendment (federal law) prohibits retroactive reduction of child support arrears and can limit the effect of state SOL on arrears in some enforcement contexts. 

• Interstate Enforcement: When enforcing support across state lines (UIFSA, for example), the enforcement rules may import or invoke longer or different limitation rules.

• Tolling / Exceptions: In all states, there may be exceptions (fraud, concealment, etc.) that toll the limitation period.

• Modification vs Enforcement: Differences often arise between “modifying” a support order (or alimony) and “enforcing” (arrears, contempt) — the SOL may apply differently or not at all in some modification contexts.

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Here is an expanded, multi-category statute-of-limitations table for family-law matters in California, Texas, Florida, and New York, covering:

• Support (child + spousal)

• Contempt / enforcement

• Property division / fraud

• Paternity

• Domestic violence (protective orders)

• Custody enforcement

• Appeal deadlines (family-law orders)

This is a high-level practitioner-friendly summary (not legal advice).

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📘 Statute of Limitations — Family Law (CA, TX, FL, NY)

Table 1 — Support, Enforcement & Contempt

State	Claim	Statute of Limitations / Time Limit	Notes
California	Child/Spousal Support Contempt	3 years per missed payment	CCP §1218.5. Each missed payment runs separately.
	Support Arrears (Money Judgment)	No SOL	Child/spousal arrears enforceable until paid.
	Non-Support Order Violations (Contempt)	2 years	Applies to custody/visitation violations.
Texas	Child Support Contempt	2 years after child turns 18 or support ends	TX Fam. Code §157.005.
	Confirming Arrears / Money Judgment	10 years after child turns 18 or obligation ends	Judgment may be renewed.
Florida	Support/Alimony Modification	No statutory SOL	Court retains jurisdiction under Fla. Stat. 61.14. Retroactive only to filing date.
	Enforcement of Support	No fixed SOL in statute	Enforcement is discretionary; arrears collectible.
New York	Enforcing Support/Alimony Judgment	20 years from default	CPLR §211(e).
	Pre-1987 Orders	6 years SOL	Older statutory rule.

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Table 2 — Paternity Establishment & Challenges

State	Paternity Establishment	Paternity Challenge	Notes
California	Until child turns 18	Generally 2 years to challenge presumed father status	Complex if married presumptions apply.
Texas	Until child turns 18	4 years to challenge presumed father (with exceptions: fraud, duress, mistaken belief)	TX Fam. Code 160.
Florida	Until child turns 18	Varies (no fixed general SOL)	Must show fraud, mistake, new DNA, etc.
New York	No fixed SOL; must be “within reasonable time”	No strict SOL; based on equitable estoppel & best interest	NY uses strong estoppel doctrine.

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Table 3 — Property Division, Fraud, Hidden Assets

State	SOL	Applies To	Notes
California	3 years for fraud	Hidden assets, misrepresentation	Can be extended by the discovery rule.
	No SOL to divide omitted assets	Under Fam. Code §2556	Court retains jurisdiction indefinitely.
Texas	2 years from discovery	Fraud on the community; post-divorce property claims	Reconstitution remedy available.
Florida	4 years (fraud)	Hidden assets, setting aside judgments	Some cases allow independent equitable actions.
New York	6 years for fraud	Fraudulently concealed property	NY courts strictly enforce disclosure obligations.

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Table 4 — Domestic Violence / Restraining Orders (DVRO / Protective Orders)

State	Action	SOL / Deadline	Notes
California	DVRO	No SOL	DVRO may be filed anytime after incident.
Texas	Protective Order	2 years for criminal family-violence charges; civil PO has no strict SOL	Can file anytime after family violence.
Florida	Injunction for Protection	No SOL	Must show recent incidents; no fixed deadline.
New York	Family Offense Petition	No SOL, but must be “reasonable” time after offense	Family Court Act applies.

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Table 5 — Custody, Visitation, Child Abduction Enforcement

State	Claim	SOL	Notes
California	Custody/Visitation Enforcement	No SOL	Court retains jurisdiction over minors.
	Hague/International Abduction	1 year	Under federal treaty (not state-specific).
Texas	Custody Enforcement	No SOL	As long as the child is a minor.
Florida	Custody Enforcement	No SOL	Florida UCCJEA applies.
New York	Custody/Visitation Enforcement	No SOL	Must be “timely,” but court has continuous jurisdiction.

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Table 6 — Appeals of Family-Law Orders (short deadlines)

State	Deadline to File Appeal	Notes
California	60 days from notice of entry of judgment	Strict deadline.
Texas	30 days standard / 90 days if post-judgment motion filed	Very short timeline.
Florida	30 days	Applies to final orders.
New York	30 days from service with notice of entry	Family Court appeals are urgent.

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