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  1. #1
    Join Date
    Apr 2008
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    Default Is There A Statue Of Limitation To When You May Show Proof?

    My question involves child support in the State of:Tennessee

    Mother and Father divorceed in 1973
    Father paid child support
    Mother lied in 1997 and petitioned the court for a child support judgement, the Father is from out of town and did not show up for court. He was young and knew he had paid the support, so he ignored it. He received a letter advising him that he owed a child support judgment for 225,000 for 21,000 in back child support and the rest arrears.
    He tried many times to get it reversed, but he could not find his receipts so it was denied.
    The mother's attorney filed and was approved for a QDRO in California ( Father's employers corporate headquarters, he lives in louisianna and she lives in Tennessee ) by submitting the Tennessee child support judgment and his employer put a hold on his retirment account, by then the judgment had increased to 555,000 including additional arrears.
    Father located his child support receipts that will prove that she lied, but the attorney told him that he will not be able to get the judgment reversed, because it has been too long. She is recommending that he give her the money.The mother has also placed a garnishment for 5,000 a month- they have been taking out.
    Is there anyway to get this reversed. He had spoken with several lawyers and they all tell him it's been too long.

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Is There A Statue Of Limitation To When You May Show Proof?

    Q: Is there anyway to get this reversed.

    A: He had spoken with several lawyers and they all tell him it's been too long.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Is There A Statue Of Limitation To When You May Show Proof?

    You cannot appeal an 11 year old judgment...

    Every attorney dad has consulted is correct. You can keep asking, but the answer that any competent attorney gives will be the same. It is still too late.

  4. #4
    Join Date
    Apr 2008
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    2

    Default Re: Is There A Statue Of Limitation To When You May Show Proof?

    I just don't understand, she lied and said he never paid a dime. She has a judgment she keeps renewing. I don't understand why he can't show proof, he did not have it back then, he just found it. Do you know if there is a opinion, law or whatever you would call it.

    I appreciate your reply, this just makes me sick. She also collected welfare and foodstamps without their knowledge that she was receiving child support. The kids moved out at 14 and now she collect SSI for mental disability, but it is really from being lazy.

  5. #5
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
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    4,494

    Default Re: Is There A Statue Of Limitation To When You May Show Proof?

    Who are YOU in this situation? Unless you are mother or father, this doesn't concern you at all.

    I don't understand why he can't show proof,
    He could have... when it was time to go to trial. The problem is
    he did not have it back then
    What do you think court is? Elementary school where you have time to turn in a late assignment if you can't find it????
    Do you know if there is a opinion, law or whatever you would call it.
    Yes, and the law states that YOU CANNOT APPEAL AN 11 YEAR OLD JUDGMENT.

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
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    2,773

    Default Re: Is There A Statue Of Limitation To When You May Show Proof?

    Quote Quoting sstanley1
    View Post
    I just don't understand, she lied and said he never paid a dime. She has a judgment she keeps renewing. I don't understand why he can't show proof, he did not have it back then, he just found it. Do you know if there is a opinion, law or whatever you would call it.

    I appreciate your reply, this just makes me sick. She also collected welfare and foodstamps without their knowledge that she was receiving child support. The kids moved out at 14 and now she collect SSI for mental disability, but it is really from being lazy.
    I fully understand your frustration. My husband had a very similar situation, with the exception that he did appear in court. He wasn't able to get the needed proof of ex's lies until it was too late, so, like this father he had to pay many thousands of dollars that he did not really owe.

    The way him and I look at it is that his ex may have gotten away with her lies here on earth, but even she has to answer to God on judgement day. It's better to accept the maddening reality, pay what is wrongly ordered and enjoy life in spite of ex's lies.

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Is There A Statue Of Limitation To When You May Show Proof?

    Definitions of laches on the Web:

    * This word, derived from the French lecher, is nearly synonymous with negligence.
    www.new-york-lawyer.ws/law-dictionary/label.htm

    * Inexcusable delay in asserting a right.
    www.azta.com/glossary.php

    * Failure to do something at the proper time causing such a delay as to bar a party from bringing a legal proceeding.
    www.crfonline.org/orc/glossary/l.html

    * An equitable doctrine used by courts to bar a legal claim or prevent the assertion of a right because of undue delay or failure to assert the claim or right.
    charlottesville-fine-homes.com/glossary_l.cgi

    * Laches is an equitable defense, or doctrine, in an action at law. The person invoking laches is asserting that an opposing party has "slept on its rights", and that, as a result of this delay, that other party is no longer entitled to its original claim. ...
    en.wikipedia.org/wiki/Laches (equity)



    This is not exactly what happened here; but it's close.

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