Back child support

[bvanhaagen]

What is the name of your state?What is the name of your state? Texas

Hello, I divorced my ex in 1977 we had two children. The father would not sign the papers nor would he come to the hearing. An ad was placed in the local paper stating that a divorce was being processed. I was granted child support but was never able to collect due to many reason but mostly because the father moved from state to state and he also lived under another name. I know it's been nearly 30 years but could I still get the back child support that was granted me in 1977, there was no set amount, on the decree it states pending.

Sincerely, Bvanhaagen

 

[Whyte Noise]

What would you collect?

How would arrears be figured if there was never a set amount?

If the papers say "pending" and it was never finalized and given a set dollar amount... then technically they are STILL "pending".

Even if there was a set amount, your ex could use the defense of Laches.

What that means is... an unreasonable delay that causes prejudice to the other party.

27 years would probably be seen to meet the "unreasonable delay" part.

Laches bars a cause of action if:

(1) the plaintiff was aware or should have been aware of the facts
constituting the cause of action; and you were aware that he wasn't paying
(2) commencement of the action was unreasonably delayed; as I said, 27 years could meet this burden and
(3) the defendant is damaged by the delay. I'd say 27 years worth of interest and penalties would indeed "damage" someone

But again, your divorce decree says "pending" in the CS amount and it was never set. I don't think you'd be able to collect something that was never ordered in the first place.

Of course, I'm not an attorney and hopefully one will chime in here for you.

 

[Whyte Noise]

Of course, I'm not an attorney and hopefully one will chime in here for you.

You answered it correctly Missouri Gal, no need to chime in.

Hey! When did you pass the bar exam?!?!