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Need Help on possible Statute of Limitations???

Started by doxie2mom, May 02, 2005, 11:59:12 PM

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doxie2mom

I have a friend who's sons are 28 and 30 years old.  He has had child support taken out of his check for years.  He has been on this job for a little over a year and they have not been deducting any child support.  Children still live with their mother.  This is in Oklahoma.  Letter is a Bench Warrant, envelope dated April 22, 2005.  It states that he was served on April 15, 2005 (which he was NOT) to appear for child support.  They say he owes a balance of $4,995.00 and Bond is $5000, to be applied to Child Support.  The kids have asked their mom to drop this, but she refuses.  What does he need to do to keep from getting arrested?  Can he have them start deducting from his check?  He didn't even know he still owed it, because she, nor the courts, had ever informed him and kids don't want it to happen.  Can they request that this be dismissed?  My husband may be facing this in the future, so I would like to know for both of us.  I have tried a search and was a Legal Secretary for 14 years, but can't find answers!  Thanks so much.  This site is awesome!

4honor

Father of grown children paying them directly and mother stepped in and sued for back support. Father got raked over the coals with no viable appealable recourse. He had paid a percentage to the kids and now must repay to the custodial parent more than half of that amount... Unfortunately not good news for the father from the WA Supreme Court .

He needs to come up with the $5K bond. He can request his job withhold, but CSE will likley want to arrest him "on the principal of the matter" first so he loses his job and then can't pay. It's how they often work.

A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

doxie2mom

Exactly Par for the Course!  Don't they understand that when they take away all of their income, or potential to earn, they are taking away from the children?  Don't get me started!  We have been fighting to keep peace and keep children out of battle with my husband's ex for 10+ years.  We have had 4 different attorneys, the last and continuing being the only one that has kept him out of jail and kept the courts off of our backs, but still nothing done about lack of visitation in spite of all of our continued efforts, her constant contempt of court, etc., etc., etc.

Sorry.  Guess I got steamed and off track! :P   Thanks so much for your response and input.  It will be very difficult for our friend to come up with that kind of money in time to please the Courts, I am sure.  He has worked very hard to catch up all of his bills, take care of his obligations, etc. and sons come see him and call him regularly, still yet.

Anybody got any idea where I can go get info in plain english?  I worked for a County Lawyer for 14 years (1980-1994), but laws have changed a lot and I don't know which Statutes to look under!

Thanks so much for your help!

4honor

Since kids are 28 & 30, see if friend can borrow from the kids, as they are likely to be more lenient on repayment terms.
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.