Do I object to a motion just filed that requests to renew an order of support awarded in 1990 and under what basis I object?

Asked about 1 year ago - Boise, ID

1990 a judgement was ordered awarding the minor child $247.00 a month. Based on wages earned at that time. I have not held a job since '95 and had been incarcerated til Jan. last year. while incarcerated any and all funds sent to me were taken for support and I also became terminally ill with brain cancer and have advanced M.S. so I have recieved SSD since my release in the amount of $711.00 mo. also since my release they have garnished from that amount the full $247.00 awarded in 1990. The child is no longer a minor and I dont understand this current situation -why- motion filed to renew and order that they are currently acting on anyway. I am often confused by our legal system an order decades old in effect but must be renewed?

Attorney answers (2)

  1. Paula Brown Sinclair

    Contributor Level 20

    Answered . In Idaho judgments expire in five years unless renewed. It appears from your description that it is child support arrearages (and not current support) that is being collected. During the time you were incarcerated your child support obligation could have been suspended if you had filed such a motion t the time, but now it is too late.

    The result in your case is indeed harsh, but may well be fully in compliance with Idaho law.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . Consult a family law attorney in Idaho the laws change from state to state

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los... more

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