Legal Question in Family Law in Michigan
Statute of Limitations on Child Support
I was divorced in Az. in 1980. In 1981, a support order was obtained in that state for $71.66 a week for three children. The ex made ONE payment, moved to Michigan, and never made another. In 1986, I obtained a reciprocal per the RURESA act of 1968. Michigan modified the order, reducing the child support to $27. a week and $33.00 for arrearages. I have literally had to 'fight' for every penny since and, for the past 22 years, he has continued to make intermittent payments, the last one having been received on 1-5-04. I 'think' that I can prove that Arizona had jurisdiction (per Sec. 101 of the RURESA law), but now comes the matter of the statute of limitations. My youngest child reached 18 on 9-29-89, or, FIFTEEN years ago. (Per the RURESA, the statute of limitations is whichever is higher of the two states). I want to get a money judgement against him for the more that $31,000. that is owed, but Michigan's statute of limitations on child support is ten years (from the termination of the order). Will it make a difference that he has continued to pay all these years, or will I merely be opening a can of worms by persuing this?
1 Answer from Attorneys
Re: Statute of Limitations on Child Support
You probably are going to be bound by Arizona law on this. Bill Stern