Statute of Limitations

[allsixofus]

What is the name of your state? GA

My husband signed a child support agreement in the state of Georgia (pre July 1, 1997) under duress. He never could manage to get it thrown out, only modified. The modifications were never relative to his income strangely enough. The last modification was made with him not allowed inside the room while his ex, his attorney and her attorney came up with an agreement. The judge signed off on it and that was that. Consequently, he was always in arrears. His ex spent years taking him to court whenever she wanted to since he always owed her. Eventually she got married and we didn't hear from her much anymore except to coordinate visits with the children. Their 3 children eventually each reached 18. Their youngest child is now 24. There is also a 26 year-old and a 27-year old. His ex is suddenly interested in suing for arrears because our oldest daughter wants to move in and be a roommate with her 24 year-old. Is there a statute of limitations on this?What is the name of your state?

 

[Silverplum]

What is the name of your state? GA

My husband signed a child support agreement in the state of Georgia (pre July 1, 1997) under duress. He never could manage to get it thrown out, only modified. The modifications were never relative to his income strangely enough. The last modification was made with him not allowed inside the room while his ex, his attorney and her attorney came up with an agreement. The judge signed off on it and that was that. Consequently, he was always in arrears. His ex spent years taking him to court whenever she wanted to since he always owed her. Eventually she got married and we didn't hear from her much anymore except to coordinate visits with the children. Their 3 children eventually each reached 18. Their youngest child is now 24. There is also a 26 year-old and a 27-year old. His ex is suddenly interested in suing for arrears because our oldest daughter wants to move in and be a roommate with her 24 year-old. Is there a statute of limitations on this?What is the name of your state?

He signed a CS order under duress? With a gun to his head? To pay to help care for children he did not create?

 

[allsixofus]

He signed the agreement under the threat that he would not see his children again. His thinking was naively that since he wanted very much to take care of his children, no judge would make him pay more than he could (and he was certainly willing to do all he could) give them anyway. He quickly learned how wrong he was.

 

[Silverplum]

He signed the agreement under the threat that he would not see his children again.

Oh. That's not duress. That's called, "Taking Legal Advice From His X" and "Not Hiring His Own Attorney."

His thinking was naively that since he wanted very much to take care of his children, no judge would make him pay more than he could (and he was certainly willing to do all he could) give them anyway. He quickly learned how wrong he was.

Same answer as above.

Statute of Limitations discussed here:
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=GA#5
Not sure if it covers the date of his decree. If not, you need to Google more.

 

[hearts41]

He signed the agreement under the threat that he would not see his children again. His thinking was naively that since he wanted very much to take care of his children, no judge would make him pay more than he could (and he was certainly willing to do all he could) give them anyway. He quickly learned how wrong he was.

It never ceases to amaze me the things people come up with! Duress, if there was not a gun to his head, it was not duress!! Besides, CS is pretty much a given anyhow in a divorce case with kids involved. If he thought the amount was not fair and was not consistent with the guidelines all he needed to do was file a motion for modification.

Hearts