I have a question I talked with an atty about my child support order that I have now and the fact that the father lied on his income she told me we can try to go after the support on his actual income for the past year that he lied but the statue of limitations is one year. Is this correct and how is that fair to the mother and children if he is commiting fraud!? I am taking him back to court and having all records supeana’d to have it adjusted to what the correct amount should be its only fair to my children…
This isn’t a statute of limitations issue per se. The timeframe your atty is referring to comes from NCGS Rule 60, which is what you are using to ask the court for relief from the current order because of his fraud. This Rule lays out a 1 year time limit.
So I can go back to court and ask for the back support on his lied wages if my atty and I prove fraud? is that correct? It will be 2 years in May of 2012 thanks again!!
Yes, you can do that if you are within the one year.