Legal Question in Family Law in Nevada
Hello! My husband is paying "Child Support ARREARS". His Daughter is now, 24 years old, spoiled. First of all ; They married, had daughter, then divorced. In the Divorce Decree,(written) says that both parents pay for health/dental etc.=50/50....Long story short, 15 of those years, husband paid all! She did not contribute.Later after Divorcing ..He met me and we married. She Got VERY JEALOUS and Angry! Sued him 15 years later for 3 years of missed child support(with interest 30,000.!?) Now, my husband went to court, and was "intimidated," and said nothing about their verbal agreement involving paying 1/2 divorce decree rules! Now, HOW CAN SHE" SUE ", bringing-up PAST missed support, while all these years collecting, then finds out he's happy, and getting married, and ONE WEEK BEFORE DAUGHTER TURNED 18.....She sues for back arrears!!!!!!!! Can He Go to court and show what has REALLY taken place Her? Please Help! We've been married 13 years now, and paying out an "UNFAIR 400.00 " per month to a Spoiled X-WIFE whom threatened and screamed because she MUST wear her 400.00 a pair shoes and continue driving her mercedes, to "Keep-up with the Jones!"...at MY husband and I...(back-breaking "hard-earned" money. Sincerely Yours, Kathy.
2 Answers from Attorneys
First, please calm down -- the emotional level is interfering with the message. For example, the references to "verbal agreements" and what has "really" gone on just do not contain enough information to be decipherable.
Yes, child support can be sought; there is no statute of limitations for any sums accruing after 1981. See http://www.willicklawgroup.com/child_support.
That said, if there are sums she owes him, they can be raised by way of offset; if there were agreements of waiver, they also may be enforced. The facts, of course, drive the law. You should probably seek consultation with an appropriate family law specialist. If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.
How long has it been since your husband went to court and said nothing. All the things that you are saying should have been brought up in a written answer and then argued to the Judge. If it has been over six months, you have no choice but to pay because he failed to properly defend. If it has been less than six months, there is a possibility that we can convince a judge that there was excusable neglect for the failure to properly present the case.
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