Hello and thank you for using Just Answer. I am very sorry to hear of your brother's difficulties but he is fortunate that he has you to help him.I have a couple of questions before I answer your question. When was the original child support order entered...what year or what age was the son. When was the last payment for child support due? When you say "she was successful in pushing it thru" you are referring to the child support? Do you mean the original child support order from 40 years ago?What is the most recent order? When was it entered. You state you have tried negotiating, with whom have you attempted to negotiate?Please answer these questions for me and I will be able to provide you with the general legal rules which apply in your state. Thank you.
"So, the next question is how long is statute limitations..."
Denise, so as per the following my understanding is that it could not be collected past age 28 being it is 10 years beyond age 18 correct?
Dennis does not live in Michigan at this time nor does his ex wife Virginia Donaghue. She filed back in 2007 while in Arizona via her daughter back in Michigan. Is that legal?
To set the tone, keep in mind we had no father and our mother was never around. Jennie our next door neighbor took my brother at the age of 12 to father her two daughters, he worked odd jobs at gas stations to make money. He was so young that he wasn’t functional to have children yet she got pregnant and had two more ny unknown fathers. They married at the age of 16. In the end he adopted the youngest named Mike. After the divorce she kicked Mike out of the home at age of 12 because he did not get along with her boyfriend.
The child support being filed is for arrearage prior to 18. The case was filed in Michigan back around the late 70s. Dennis moved here to Arizona in 1978. She moved later to Arizona in the early 80s and got married. Around 2007 she heard that Michigan had passed some sort of law that would allow her to file an extension on collecting past due child support. So she had her daughter send her some forms to Ariz which she filled out then FedEx it back to the daughter. I thought this was to be illegal because Jennie (exwife) would have to be resident living in Michigan the time of filing extension. The filing had nothing to do with neither Arizona nor its laws. Since 2007 and up to now, any time he has an account with money in it the bank seizes it and sends it to Michigan including money I had with shared accounts.
I believe the final report to pay child support was around 1978
Thanks so much for the help
Darrell Wedding XXX-XXX-XXXX
Denise, yes it was in fact in 2006 when she filed the extension. I remember speaking to her in 2008 on the subject trying to get relief. I told her that in my research laws indicate Mike was too old being 38 to fall within the 10 year limitation. She said that since she filed for an extension in 1997 (on 28th Bday which gave her another 10 extension to age 38 which is the age filed again under 2006 extension law, they (Michigan Friend of Court) told her that filing again under the new law 2006 would extend her basically with no end date limitations.
My questions are:
Can we subpoena copies of all these so called extensions she filed and get copies and/or references for the laws which supported her actions?
When you said you read the law “caused a great deal of confusion” is there a source available that I can refer to as a reference to indicate confusion?
When you wrote “according to the case law I read this was an incorrect interpretation” “The court in the case I read stated that it was clearly the intent that the law would apply only to those who turned 18 after 2006 when the law was passed. Everyone before that would be subject to the old statute of limitation which was 10 years from each month the support payments were missed from the time support was ordered until the child turned 18.” Where can I find this case?
Answers to these questions would be very helpful. Thanks again, Darrell Wedding
Denise, the account shows this as "Closed" do I need to open another with this as question? I have not replied as completed because I am concerned I will lose communication with you. I have no problem paying another $53 with bonus
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