My friend is currently paying child support to for his 6 yr old (has been paying since she was born). At one point in time, his child's mother needed money to purchase a car. He let her borrow $2500 to purchase the car under the stipulation that she would be paying it back in good faith and in a timely manner. About 5 years have passed. In that time, she has purchased a house and another car, but he still has not been paid back all of the money. Through the arguments and years, she has paid back approx. $500. Can he sue her for the remaining monies owed, though he is currently obligated to pay her every month?
I say that he can, as this money was loaned outside of the child support agreement and he has proof that is was a loan. He's unsure, as a judge told him that he couldn't during a separate court proceeding that involved review of his monthly payment.
If anyone has any legal advice or has experienced this, please post all info. Greatly appreciated!
2007-07-02 11:24:11 · 18 answers · asked by Tita 1 in Politics & Government ➔ Law Enforcement & Police
I'd normally be inclined to take the judge's word for it, since the judge should be far more familiar with the laws in your area.
However, there is always the possibility that he didn't present the full scope of information to the judge, and perhaps the judge would have answered his question differently if he had additional information.
The best option for your friend would be to consult a local attorney and give all the details to him/her. I'd say that the odds would be better for him if he had a written loan agreement signed by his child's mother. But, your friend shouldn't be overly optimistic about it either, given what the judge told him.
I guess it boils down to this...would your friend rather get the $2K balance back from his child's mother even if it means that he has to pay an attorney to sue (especially knowing that there are no guarantees he'll actually win the lawsuit, but he'll still be out the attorney fees)? Or is the hassle/expense of the lawsuit not worth the $2K to him?
2007-07-02 11:35:48 · answer #1 · answered by sarah314 6 · 0⤊ 0⤋
First you must understand that child support and a loan are two seperate issues, so indeed he can sue her for the amount of the loan and including court costs.
However, if the arrangement was NOT in writing, he may have a bit of a problem. If it was in writing, then he has a good case, and should win.
Many guys who are paying child support would reduce the amount owed by a certain amount each month until the loan was paid. Yet, in many jurisdictions, this can be considered illegal or inappropriate.
If he has a written agreement, (it would have been no less than stupid not to have it in writing), he has a clear cut case and should go to small claims court immediately.
When the judgement is given, he should immediately have her wages garnished to pay the loan. At that point, she will be angry, but thats too bad.
A last option is to go back to family court and have your child support changes to reflect the loan.
Good Luck
2007-07-02 11:34:05 · answer #2 · answered by Daniel R. 4 · 1⤊ 0⤋
Are you saying you and your husband are the owners of the house she lives in? and are paying the mortgage payments for she and a 31 year grown man to live in it? If she never sued your husband for child support, she cannot at this point. However, if there is any unpaid child support, yes he does have to pay her, plus interest. There is no stature of limitations on child support. This is why it's so important for men to pay it for their children every month, when they must leave them. Children don't ask to be born. It takes two. Both man and woman to produce a baby, which is a large responsibility. Sadly enough an ex-wife always gets stuck with emotional baggage like you're going through presently, because HE didn't fight for what was his. He may not have met the child until he was 16, but he knew the child was his. I know of one example where a man had never paid child support. Had his ex-wife not exonerated him in writing to Social Security. What he owed in back child support would have been taken out of his Social Security when he reached 65. This is how serious the government is about child support being paid to the care taker of the child. Look this up under your state's laws on line. I wish you all the luck in the world. I really do. Blessings<><:)
2016-04-01 04:14:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
This has nothing to do with his child support. He needs to take his evidence that this is a loan to small claims court, get a judgement, then place a property lien on any real property she owns. He can then send her notice that if the settlement amount isn't paid in full within a certain amount of time, he will foreclose on whatever property he placed the lien against. Once he threatens to take her property, she will need to pay him back. One thing, however, the child support can not be brought into play here. He should not try to negotiate repayment through the reduction of child support. That money is not for her, it's for his child(ren), and he needs to understand that.
Good Luck
2007-07-07 17:59:45 · answer #4 · answered by Ice 6 · 0⤊ 0⤋
I think he should go to Civil Court and file against her..... IF he has papers signed by her proving she agreed it was a loan. Without that he will just be wasting his time and money. And as others have said, hopefully the statute of limitations hasn't gone by ~ that's 2 years in most areas but you need to check and see what the law says where you live.
Under NO condition should he deduct it from the child support payment. That will only come back to bite him and he'll get in trouble. The child should not have to suffer because of the sins of the mother.
2007-07-02 11:40:28 · answer #5 · answered by KittyKat 6 · 1⤊ 0⤋
I think it should be able to be paid back to him through someway. Maybe by cutting the child support in half for a certain amount of time, or just her paying him straight out and him continuing full payments of support.
My concern is, what is the statute of limitations on a loan like that? And does he honestly find it necessary to get the money back after 5 years? Sure a loan is a loan, but he's gone this far without payback....does it really matter at this point?
2007-07-02 11:35:27 · answer #6 · answered by dejectedpunk 3 · 1⤊ 1⤋
First of all, he needs prrof of the loan agreement. He will need for it to be in writing, to comply with the Statute of Frauds. Next, he will need to commence an action in court for this separate proceeding. It is unrelated to the child support so that family law judge will not have any power in this case.
2007-07-02 12:58:19 · answer #7 · answered by Blondielaw 2 · 0⤊ 0⤋
Yes he can. Those are two separate issues. A financial loan has nothing to do with the obligations of child support.
2007-07-02 11:32:53 · answer #8 · answered by Glen B 6 · 1⤊ 0⤋
He can definitely sue.
Tell him NOT to stop support payments and call that loan payback. That will land him in hot water. Even if the mother agrees to that, make sure the court system is aware and get all of it in writing and officially notarized.
2007-07-02 15:43:57 · answer #9 · answered by California Street Cop 6 · 0⤊ 0⤋
Yea he could, but then the tough part
1.) He has to prove that he loaned her the money (ie not a gift or property settlement or something else)
2.) He has to be within the statute of limitations - or he has to get his ex to acknowledge that the money given was a loan
Good luck - tough to give more advice without more exact information on the "terms" of the loan
2007-07-02 11:31:40 · answer #10 · answered by the_hilton 4 · 2⤊ 0⤋