WittyUserName
Senior Member
What is the name of your state (only U.S. law)? ID
Even after reading these forums almost daily for the last two years, I recognize that I am a layperson...so could someone make sure I am understanding my legalese correctly?
There's been a Motion for Contempt filed for nonpayment of CS. Dad is several months behind, and has never paid his court-ordered share of child care since the original support order was filed in 2004. We just finished working out custody/visitation, and updating the CS as well to reflect current incomes for both Dad and myself.
This is what came back from Dad on the MfC:
"He was unable to comply with the court order at the time of the alleged violation.
He lacks the present ability to comply with the court order.
Mom should be estopped from bringing the pending motion in light of her statements/actions and/or failure to act.
That the motion should be dismissed based on applicable statutes of limitation."
The Idaho statute for limitations re: cs is as follows:
5-245.Actions to collect child support arrearages. An action or proceeding to collect child support arrearages must be commenced within five (5) years after the child reaches the age of majority or within five (5) years after the child’s death, if death occurs before the child reaches majority. An action or proceeding under this section shall include, but is not limited to, execution on the judgment, order to show cause, garnishment, income withholding, income tax offset or lottery prize offset.
Kiddo is about to turn 8, so we are nowhere near age of majority. And according to information from the trial we just finished, Dad makes over $50K per year, is not married, and has no other children. This response makes no sense to me, but maybe I'm not interpreting correctly?
Thanks for your time and advice, FA forum.
Even after reading these forums almost daily for the last two years, I recognize that I am a layperson...so could someone make sure I am understanding my legalese correctly?
There's been a Motion for Contempt filed for nonpayment of CS. Dad is several months behind, and has never paid his court-ordered share of child care since the original support order was filed in 2004. We just finished working out custody/visitation, and updating the CS as well to reflect current incomes for both Dad and myself.
This is what came back from Dad on the MfC:
"He was unable to comply with the court order at the time of the alleged violation.
He lacks the present ability to comply with the court order.
Mom should be estopped from bringing the pending motion in light of her statements/actions and/or failure to act.
That the motion should be dismissed based on applicable statutes of limitation."
The Idaho statute for limitations re: cs is as follows:
5-245.Actions to collect child support arrearages. An action or proceeding to collect child support arrearages must be commenced within five (5) years after the child reaches the age of majority or within five (5) years after the child’s death, if death occurs before the child reaches majority. An action or proceeding under this section shall include, but is not limited to, execution on the judgment, order to show cause, garnishment, income withholding, income tax offset or lottery prize offset.
Kiddo is about to turn 8, so we are nowhere near age of majority. And according to information from the trial we just finished, Dad makes over $50K per year, is not married, and has no other children. This response makes no sense to me, but maybe I'm not interpreting correctly?
Thanks for your time and advice, FA forum.
