Legal Question in Civil Litigation in Missouri
Ex-Husband files fraudulent civil suit
22 years ago, my mother divorced my father. This past year he was finally court ordered to pay all back child support. At the moment he has filed a civil suit against my mother, claiming defamation of character since he believes my mom is unjustly suing him for child support he has paid. My question is what are my mother's rights in fighting this suit? one point you should know, my mother lives in colorado and my father in MIssouri. Missouri and Colorado have both ordered him to pay.
1 Answer from Attorneys
Re: Ex-Husband files fraudulent civil suit
Your father's suit should be readily dismissed since your mother's right to the back child support was upheld by the courts. Get an attorney in the state where the suit was filed to file a motion to dismiss. Depending on state rules, your mother may also be entitled to a court order requiring father to pay her legal expenses for filing a suit without legal justification.