Cordell & Cordell, P.C. - Louisville, Kentucky
10200 Forest Green Blvd, Suite 407
Louisville, Kentucky 40223
502.710.0050
This is an advertisement.

Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> limitations
Jan 13, 2011

Mens divorce lawyerQuestion:

What is the statute of limitations for filing of child support arrearages?

My ex-wife is claiming I owe $40,000 in back child support because she says my son wasn't living with me during part of this period, which is a lie that I can prove with evidence (school records, plane tickets, etc.).


Nov 29, 1999

Question:

I was wondering if there was a statute of limitations on adultery. My wife had an affair about 3 years ago. I was wondering if I can still divorce her under the grounds of adultery after the time lapse.

Answer:

I cannot answer your question specifically to the laws of Virginia as I am not licensed to practice law in that State. In general, adultery at any time in the marriage can be considered. However I do not know if the remoteness of the time will prohibit you from alleging it as a your grounds for divorce. Also keep in mind that there must be some corroboration of the testimony of a spouse in proving adultery, and the evidence should be strict, satisfactory and conclusive that the other spouse did in fact engage in sexual relations with another person although "eye witness" testimony to the acts is not required. In most cases, circumstantial evidence may be sufficient. I suggest you contact an attorney in your area to discuss the matter further.

Nov 29, 1999

Question:

My ex filed for full custody of our children after her re-marriage. The last "visit" to court was over a year ago with no new motions having been filed. Is there a time limit on her original motion? Or will the motion stay open indefinitely ?

Answer:

Answer: There is not a "statute of limitations" on the pending motion. In my jurisdiction courts will send out dismissal notice if no trial date is set in approximately six months after filing. If the matter has been pending a year, you could draw the courts attention to the issue by contacting the judge's clerk. If you wished to be proactive, you could file a motion to dismiss for failure to prosecute.

Nov 29, 1999

Question:

I recently found out about a son that is the product of a one night stand. The mother called me once 12 yrs ago to tell me she was pregnant, I offered to pay for a paternity test, and she hung up on me, moved away, and came back after the child was born. I offered once again for a test, she declined, so I dismissed the idea. I saw the mother on many occasions afterwards, in town, same social events, whatever, and the child was never mentioned. Now, 12 yrs later, she calls and wants me to see him. This time she agrees to the test, which I paid for, which confirmed he was mine. I added the boy to my insurance, and commenced to seeing him and spending time and money, which she stated she didnt want, on him. Now, 9 months later, she not only wants child support, but 12 years of arrearages for years I could have been developing a relationship with him. I now have a family, and survive on all of my income. I don't know how I will afford to raise my current family and pay child support. The mother makes as much as I do a year. My question is, am I responsible for back support when she failed to inform me? Will I have to go by the guidelines although it will put my family in a terrible bind even though she is doing as well as I am?

Answer:

Allow me to preface my response with the disclaimer that I am not licensed in the State of Georgia. You questions are state specific. I do not know that answer in Georgia. I do know in my jurisdiction, she can go back 5 years for necessaries (medical expenses, etc.) and child support from the date you are served to the date of the Order. So it would not go back 12 years. I am not familiar with Georgia's guidelines specificially, but I do know that deviations are possible in some jurisdictions. This may be a good case to ask the Court to deviate from the guidleines. I suggest you schedule a consultation with our Georgia office (404-842-0009) since they would be in a better position to review your case as it pertains to Georgia laws.

Divorce, Child Support, Alimony Information.
Men's Rights Website
Contact DadsDivorce.com