Can my soon-to-be ex-husband sue me for half of back support that I am owed for my 2 kids?

My husband and i were married for 11 years; he has helped me raise and support my 2 kids. Their dad came back into the picture 2 months ago. He technically owes me $80,000 in back support which I am not pursing. Now my husband and I are going through a divorce and he says he is entitled to half that back support and wants to sue me for the $40,000. Can he do that when the children are not his and I am not pursing the back pay?

Asked on June 27, 2012 under Family Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your current husband supported children that are not his (children of your first husband) he can sue your first husband for support he provided your first husband's children under a common count theory of recovery potentially.

The staute of limitations for a common count theory of recovery at least in California is four (4) years.

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