What is the effect of the statute of limitations on a claim brought by a child against her parent for child support?

California, United States of America


The following excerpt is from Amie v. Superior Court, 160 Cal.Rptr. 271, 99 Cal.App.3d 421 (Cal. App. 1979):

The county has argued that its right of action is derived, by way of assignment or subrogation, from the child's right of action against her parent for support. (See In re Marriage of Shore (1977) 71 Cal.App.3d 290, 297, 139 Cal.Rptr. 349.) As the child's minority would toll the statute of limitations in an action commenced by her (Code Civ.Proc., 352, subd. (a)(1); Van Buskirk v. Todd (1969) 269 Cal.App.2d 680, 689, 75 Cal.Rptr. 280), the county maintains that the statute likewise is tolled as to its action.

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