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My wife is suing me for back child support. My son is 28. There

hasnt been a problem with...
My wife is suing me for back child support. My son is 28. There hasnt been a problem with child support since our divorce in 1984. Now 10 years after my son has turned 18 and the fact that i recieved a large settlement she is going for back child support. Theres no proof i paid, its been 10 years. We always got along through the years. Its a simple case of her seeing and wanting my money. Any way My last answer from you guys boiled down to my word against hers. I can accept that. My attorney tipped me off shes going to do this. She doesnt know i know yet. So Im picturing being served papers in the near future. I have filed for bankruptcy. I filed before any of this happened. I have been on workmans comp for 4 years. My lump sum is the money im suppose to live on. The bankruptcy is to clear back bills so i can afford to live. I have no income at this point So knowing my bankruptcy creditors meeting is coming up is it advisable to not let them serve me till then? or Do I make myself available to be served before the meeting? Statute of limitations in illinois is 20 years in illinois for collection for orders previous to 97. What is the courts expectation for me to prove i paid child support in the state of illinois? Will the court take into account there was no problem for the last 28years and see this action of hers coincides with me recieving alot of money? Also does the bankruptcy have any affect on the situation at all? Do I have to be served in person for her to legally proceed? or can it simply be left with family or mailed to summon me to court
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10/1/2011
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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Bankruptcy does not discharge any liability for child support. Were you paying through the court or directly to her?
lwpat
lwpat, Lawyer
Category: Family Law
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Experience: Practicing family law attorney
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Customer reply replied 6 years ago
Directly to her
If you were paying directly to her I am not sure how she is going to prove that you did not pay if you claim that you did. Bank records only go back 7 years so neither of you can get anything that old. You have the additional defenses of laches and equitable estoppel. You would have to plead them in your answer to any suit that she might file.
lwpat
lwpat, Lawyer
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Customer reply replied 6 years ago
I have found a court order to pay back support for 5000.00 dollars attached to my divorce records. Its dated 1988 since the statute of limitations in Illinois is 20 years for child support is the court order still valid? I paid my ex directly and we will soon be in court. I understand everything is negotiable in court but pertaining to this court order specifically does the statute of limitations apply to this court order
A statute of limitations does not apply to a court order. However, how is she going to prove that you did not pay unless it was to be paid through the court. You still have the defenses of laches, estoppal and waiver that you can plead in your answer so be sure to include them.
lwpat
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Customer reply replied 6 years ago
I see it was to be paid through the court but i paid her directly and there was no further legal action from her from that day till now
Then that is why you would use the defenses that I laid out for you. You need to state that action at this late date is prejudicial to you since you relied on her assurances that you had paid all that you owed.
lwpat
lwpat, Lawyer
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Customer reply replied 6 years ago

I am building my case and am preparing to do a background check on my ex wife but looking online the market is diluted with scams. Whats the best service or route to take. Can you recommend a service you would use.

George

For a background check you need to use a local private investigator. That is what I always use. You do not want to use any of the online sites.
lwpat
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lwpat
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Category: Family Law
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