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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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My X Husband owed over 37,000 in back child suppourt. I

Customer Question

My X Husband owed over 37,000 in back child suppourt. I signed a legal paper in court to relief him of that money.
He had told me and our daughter that he had colon cancer and was dieing. I did not want him to die in prison. This was in 2008 he is still alive and his mother passed away 3 months ago. He is to inherit more than 300,000.00 dollars.
Can I fill a petetion to get that child support now that he will have the money
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of experience handling matters just like this one. It is a pleasure to assist you today.

Technically speaking, because you have new evidence that controverts your rationale for relieving him of his obligation to pay back child support, you do have grounds to re-open the matter.

He will likely try to use the statute of limitations and say you are time barred from asserting this claim. However, strictly speaking, a judgment has a 10 year statute of limitations to be enforced. There are obviously complicating factors here in that you waived the declaration and released him from liability. However, there is new evidence which makes the evidence that you relied upon null and void. That is the argument that you must use to re-open the matter by petitioning the same court that has handled the matter up to this point.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so that I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking on you to see if you have any additional questions or comments. I want to make sure you are as comfortable as possible as we move forward. Best!