View Full Version : Spousal and marriage abandonment
jrward44
Mar 7, 2014, 11:50 AM
If my wife ran off and abandoned me our home and our marriage and hid out for 10 years am I responsible for the back child support that accumulated while she hid out?
smoothy
Mar 7, 2014, 12:14 PM
If she ran off and hid... how did she manage to get court ordered custody and support that could accumulate?
talaniman
Mar 7, 2014, 12:34 PM
Were you ever served with papers from a court?
ScottGem
Mar 7, 2014, 01:31 PM
smoothy asks a very pertinent question. If there was accumulated child support, there had to be an order for child support. So if your wife left, it must have been after the divorce was finalized. Unless she obtained a divorce without your knowledge. If it was after the divorce then she didn't abandon you.
The bottom line here is if you were aware of a child support order, then you are responsible for that support. If she disappeared and you did not know where to send the support payments, you should have been paying them into an separate savings account so that, the money would be there if she ever came back to claim it. So yes, in that case you would be responsible.
If, however, you were not aware of the divorce filing and support award, then you can try to fight it on the grounds of improper service.
On a separate note, if the divorce was completed before she left, did you get visitation for the children? If so, did she take the children with her and hide them from you, in violation of the court order? If so, you may be able to use that against her.
AK lawyer
Mar 7, 2014, 01:34 PM
I assume she took the child (or children) with her?
Did she obtain, back then, a court or administrative order that you pay child support?
If not, in most places she can not sue you for back child support.