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In 1997, my wife at the time while living in the state of…

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In 1997, my wife at...
In 1997, my wife at the time while living in the state of Maryland, left with our one month old daughter and went back to her home state of New Jersey. After about a year I finally got her in court in Maryland to grant my rights to see my child. Also got a a divorce which she didn't want. In 2000, my ex wife moved to another state with our daughter without my knowledge. I did everything I thought I could do to try and find her but in seem like everyone, law enforcement, was against me. The state of Maryland was garnishing my checks. They stop doing this in the middle of 2000. The statemail closed my case in 2004. Now in 2017 my ex bitter wife is trying to open up a back child support case in the state I now live in., California. What can I do to stop this! And how can I get Justice for the many years of me not being able to see my daughter that was court ordered!
Submitted: 1 year ago.Category: Family Law
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Answered in 6 hours by:
3/16/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,929
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, visitation with the child and child support payments are two different things under the law. Child support is due whether or not the child visits with the non-custodial parent.
If you owe support pursuant to the MD court order and you now know where she is because she is pursuing this in CA, so you can pursue her as well for contempt of court. You can file the original MD Court orders in CA with a petition for domestication and ask the CA court to then enforce the visitation order and hold her in contempt of the court if she fails to comply.
I mean you can try to object to the support based on the fact she does not have proper proof of the MD court order, but legally the courts in CA are not going to let there be no child support, since all parents have a duty to support their child under CA law even if they do not see the child.
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Customer reply replied 1 year ago
Don't understand that. She left with the child at age 2. The child is now 19. She has stop me from seeing the child all these years but she can still try to file for support when she didn't want it 18 years ago???? She left the state without me knowing!
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago

Thank you for your reply.

There is no statute of limitations on child support arrears, so she can come back at any time and demand the money you were ordered to pay. I understand she left the state without you knowing. However, as I said, visitation with a non-custodial parent is not required for that parent to have a duty to support the child.

You say she left and therefore did not want child support, but those two things are also mutually independent of each other. She may very well have wanted or needed support but had some other reason she did not make contact, whatever that may be. However, the state laws put no statute of limitations on collecting child support arrears, which should show you how committed states are to collecting those funds.

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Customer reply replied 1 year ago
She is using the out of state Maryland court order. Was told there is a 12 year limitation on child support inforcement in that state.
Family Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Thank you for your reply.
If she is trying to enforce the MD order and not obtain a new order from CA where there is no statute of limitations, then you need to file a motion to dismiss the suit, since MD court orders of support do have a 12 year statute of limitations from the date of the last payment.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
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