Statute Of Limitations On Court Order
My ex-wife left me in 1990 and we were divorced in 1991. At that time, the divorce decree stated that I was to pay $200 a mo for my 6 yr old son and $50 extra if I were to get behind. She moved from state to state and never told me where my son was. For the first few months I paid her Mother the support because it was never set up thru BCSE in WV where we were married and divorced.
After a few months, I got hurt and was on work comp for 15 mo. She took me to court then and got judgment for $2000 back support.
I tried calling her Mom to find out where my son was so I could make arrangements to see him and her Mom wouldn't tell me where she was so I didn't pay her. My ex-wife called me shortly after that and i asked her where she was. She said just send the money to her Mom. I said , No I wanted to see my son and she said then just forget it and hung up. I NEVER heard another word from her ever again. I got nothing from BCSE or any attorney for years after that.
In 2005 , I was able to track my son down in Texas. We got together and had a great reunion. He told me horrible things that his Mom had said about me, all untrue. He and I stayed close for about 6 mo, then his Mom found out and threatened to disown him if he didn't stop seeing me. He took her side and stopped all contact with me.
Shortly after that, I got a letter from OHIO Ch supp saying I owe $27,000 and I needed to send them $50 a mo.
I hired a WV atty and an OH atty and both said the statute of limitations would be in effect and there is no way OHIO should be collecting, especially since there was never an acutal order anyway in WV. Plus my son was 24 yrs old when I got this letter from OHio. This was the first contact I had from ANYONE regarding support since the 90's.
I have been paying the $50 and they take my Fed tax refund every year, but I need to know if this is legal. She kept my son from me since he was 6 yrs old. He is now 27. I think this case should be closed and I shouldn't owe a dime. Please advise asap.
Click here to post comments
Join in and write your own page! It's easy to do. How? Simply click here to return to Child Support Questions.