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  #1  
Old 04-23-2003, 02:40 PM
JorjaGal
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Statue of Limitations


What is the name of your state? Georgia

Is there a statue of limitations on paying child support? My husbands daughter from 2 divorces, 2 children and 39 years ago has contacted him. She wanted medical history for his side of the family which I gave her. We are concerned that she may try to get him to pay back child support. There was an order with the divorce back in 1964 or so and he paid for a couple of years. Is he free and clear of all that now that she is close to 40 yrs old or is it something she can try to collect or her mother can collect.
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Old 04-23-2003, 02:43 PM
lcollins
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Only the mother can go after him for back child support, and I believe she would have to have had an enforcement order outstanding in order to still collect. The daughter cannot claim back child support as it was never payable to her anyway. Only the other parent. If she never enforced it, it will be difficult for her to get it now.
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  #3  
Old 04-23-2003, 02:44 PM
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Re: Statue of Limitations


Quote:
Originally posted by JorjaGal
What is the name of your state? Georgia

Is there a statue of limitations on paying child support? My husbands daughter from 2 divorces, 2 children and 39 years ago has contacted him. She wanted medical history for his side of the family which I gave her. We are concerned that she may try to get him to pay back child support. There was an order with the divorce back in 1964 or so and he paid for a couple of years. Is he free and clear of all that now that she is close to 40 yrs old or is it something she can try to collect or her mother can collect.

My response:

There is nothing she can do. If even she was entitled, too many years have gone by.

The word is spelled "S-T-A-T-U-T-E".

IAAL
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  #4  
Old 04-23-2003, 04:47 PM
JorjaGal
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Thnak you


Thank you for your responses. I am glad to know she cannot sue him for back child support. I wonder, can she take him to court for not anwering her letters? She wrote him asking about medical history and when he did not respond she called He was not home at the time and I talked to her, She said she needed medical history and I told her what I knew and that I would give him her message and as far as I know he did not return her call. There may or may not be more medical stuff she needs to know. But it is up to him to contact her. She did write again but I am sure he did not respond to that letter either. The sad thing is he has not seen her since she was like 6 months old and she doesn't seem to be wanting anything except medical history, I cannot make him to anything he doesn't want to do. Just curious if she can take him to court to get the information.
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  #5  
Old 04-23-2003, 05:02 PM
Gilly Bean
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I really don't think it's possible to sue over not answering a letter. She isn't a collection agency, it wasn't a bill past due, it was a daughter writing her father.

It would be best if you would just open the gates, and try to get to know her, rather than assume the worst.
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  #6  
Old 04-24-2003, 09:39 AM
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Quote:
Originally posted by Gilly Bean
I really don't think it's possible to sue over not answering a letter. She isn't a collection agency, it wasn't a bill past due, it was a daughter writing her father.

It would be best if you would just open the gates, and try to get to know her, rather than assume the worst.
I agree with your first paragraph, but it is not this posters business to open the gates and get to know the child. This could cause problems with the marriage. It is up to him; if he chooses not to reply, she should not stick her nose in that which is not her business.
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  #7  
Old 04-24-2003, 09:51 AM
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Agreed, VG.
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  #8  
Old 04-24-2003, 10:39 AM
Gilly Bean
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You are right, it is up to him, but I don't think either are actually looking at it good, because no matter what she does, they feel she is going to sue them. None of the matters listed are matters which can be sued over, and I really don't think the daughter wants to.

I guess if she had flat out said, I'm going to sue you for this, then I would be more paranoid.

If the father has no interest in being involved with his daughter, he should just tell her so.
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  #9  
Old 04-24-2003, 11:00 AM
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The father's pretty well made himself clear, tho, through his lack of action 'til now. He hasn't seen the kid since she was 6 months old, and quit paying CS. Now all he's concerned about is whether he'll be sued for back support. That's pretty sad, and not a guy I'd want to be involved with.
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