Is the two-year limitation of action applicable to the claim for alimony?

      This issue has been consulted by many parties. At present, there is no clear agreement on this issue in our country's law. In actual cases, judges also make efforts to promote the mediation between the two sides. In practice, there are different views. The first view holds that the obligation of money payment is applicable to the limitation of action; the second view holds that the maintenance fee is a dispute of identity relationship and should not be applied to the limitation of action; the third view holds that the juvenile's recourse to alimony is not subject to the limitation of limitation of action, but after adulthood, if they pursue the maintenance fee before the age of 18, the prescription of limitation of action should be applied; and Therefore, it is considered that the debt is a continuous effect from the age of 18.
      We believe that the legislative purpose of the limitation of action system is to urge the obligees to exercise their rights. Considering the particularity of foster relationship, from the perspective of social public order and good customs and the protection of the legitimate rights and interests of the dependants, it is not suitable for minors to apply the prescription of limitation of action to claim maintenance fees. However, if the dependant is required to pay the maintenance fee before independence after the dependant becomes an adult, the limitation of action of two years shall apply. The starting point of limitation of action is when the dependent no longer has the conditions to be fostered

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