Q: My husband Is currently being extradited from Arizona to Michigan for non payment of child support errears.
His son is an adult now.I know that does not matter.However, he has never been served any type of court papers. He hasn't been in Michigan since 2006. Case was filed 2007. How Can he get it dismissed and return home to arizona.
A:
He will have to deal with this once he's in a Michigan court. Generally, non-support cases are strict liability, meaning there is no sound defense to them - if the state can show you legally owe the money, it doesn't matter why you haven't paid. It IS possible though to challenge this though with a showing you that you weren't properly served with the original support order and had no reason to know of it.
The unfortunate reality though is that even when there may have been improper service at the start (e.g., one party files for child support claiming to be unable to find the other person, or claiming to have served the person, and gets a default judgment), usually by the time felony charges are filed for nonsupport, other collection efforts have taken place (e.g., income withholding, tax refund seizures) that give rise to lawful notice that you either owe this money or should have taken steps sooner to dispute it. Further, most all FOC offices keep records of contact and so if you husband ever called, emailed, or wrote the FOC or court wondering about this, they will use that in court to show he was aware of an obligation.
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