Legal Question in Family Law in North Dakota

Can father get out of 5 1/2 years of child support because of clerical error?

The father of my 14 yr old has not been around since my son was 6 months old. We were never married. He fled the state and we finally started getting child support when my son was almost 9. The problem is, the state of ND only asked for back payments to ND for AFDC and support from then on. Because of a clerical error (not checking a box), they didn't ask for 5 1/2 years of back support to me and my son while I was supporting my son alone.

The state of MO, where his father resides, won't do anything about it. There's something like habeas corpus that states you can't sue someone twice for the same thing. The state of ND has a lawyer that is fighting the case on behalf of my son. My son's father has contacted a local lawyer to fight against it. What are the chances of the courts deciding that a deadbeat father can get out of 5 1/2 years of support by a combination of him fleeing the state and a state clerk messing up new paperwork? We are talking about $21,000+ of support he'd be getting out of. What should I do, if anything to help the case out? Isn't this a great incentive for non-custodial parents to run to avoid financial obligations to their children?


Asked on 8/26/04, 5:14 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Can father get out of 5 1/2 years of child support because of clerical error

In most states, child support judgment/order ARREARS, may be collected even past a child reaching the age of majority in that state. You may need to bide your time.

But, although, enforcement procedures may vary from state to state. The Debtor Creditor laws of the state coupled with the CSSA should eventually help you to find the relief you seek.

Some states may still require child support arrears to be determined to a sum certain and reduced to a separate judgment from the child support order (giving rise to the arrears); and also separate from a current support order, in order to be enforceable.

The judgment is then collectible in the same way any debt is collected from a person.

YOU must be prepared to provide the Court/s with an accounting or statement of all support paid or received per the support order, whether rec'vd via a third party or you.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/26/04, 8:51 pm


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