Legal Question in Family Law in Utah

Child support and a promissory note

My ex and I signed a promissory note stating that he would ''loan'' me $5000 to be paid back at the rate of $196.00 per month. My child support amount is the same amount. According to a CPA the note was ''paid off'' in 1998. Now that I am asking for my child support to be modified to fit what my ex makes per month, he has brought up the note in court and is refusing to pay the modification. What are your thoughts on this? Also, what is the Statute of limitations on something like this? He is claiming I owe him in excess of $90,000 based upon this note.

Thanks


Asked on 9/16/06, 2:51 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Child support and a promissory note

I infer that the loan was phony. As such it fails for lack of consideration - and is probably not enforceable. A contract has 10 years from the date of breach to be enforced. Go ahead and sue for all that he owes in unpaid back support

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Answered on 9/16/06, 8:04 pm


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