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I have a friend who was incarcerated some years past & is…

Customer Question
I have a friend...

I have a friend who was incarcerated some years past & is now out. His GF at the time who was living in his house promised to pay the mortgage since they (her & his child) but didn’t pay anything towards the mortgage or utilities & it was foreclosed. If she would have sold the house, the proceeds could have been used for child support while he was in prison. She is currently suing him for the back support.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Have you talked to a lawyer yet?

I don’t think he has....this is something I suggested since he suffered a loss as a direct impact of her actions

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was just curious if this is possible. He loves his child & is trying really hard to do things right. I feel bad for him & his situation

Submitted: 9 months ago.Category: Family Law
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Answered in 1 minute by:
12/1/2017
Family Lawyer: LegalGems, Lawyer replied 9 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,616
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 9 months ago

I am very sorry to hear this;

unfortunately since child support is for the benefit of the child, the court will do what it can to enforce the chld support order including enforcing back child support orders; the fault of one of the parents is not taken into consideration since the child has no control over that issue.

If a person can prove that there was a contract (oral, written or implied) and one party benefitted but did not live up to their end of the bargain (breach) it is possible to sue them for breach of contract - a separate civil action separate and apart from any child support issue.

I am certainly sorry that he was betrayed.

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Customer reply replied 9 months ago
I’m not asking a child support Q. This just happened to be what he could have used the $ for now. I’m asking if this is a suable situation since her actions caused the foreclosure
Family Lawyer: LegalGems, Lawyer replied 9 months ago

Yes, I understand.

I thought you were suggesting the court to discharge the back child support based on the foreclosure and wanted to make clear that they are 2 separate issues.
So under the second part of my response, is the issue of a contract; if a party can prove there is a contract then they can sue that party for damages if they breach their obligations per the contract .

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Family Lawyer: LegalGems, Lawyer replied 9 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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