News & Observer | newsobserver.com | Dail won't owe back child support

Published: Dec 22, 2007 12:30 AM
Modified: Dec 22, 2007 05:12 AM

Dail won't owe back child support

His ex-girlfriend agrees to drop her claim on a cut of the money he will receive from the state.

 

Story Tools

Advertisements
The mother of Dwayne Dail's son has agreed to drop her claim for a cut of the $360,000 the state owes him for 18 years of wrongful imprisonment.

Lorraine Michaels, Dail's former girlfriend, dropped her lawsuit demanding back child support Friday, according to papers filed at Wayne County District Court. In exchange, Dail dropped his counterclaim against Michaels to pay his legal expenses incurred contesting the suit.

Michaels and Dail decided it was "in the best interest of their child" to jointly dismiss the suits, according to a brief statement released by Dail's attorney, Shelby D. Benton of Goldsboro.

Dail will have no further comment on the matter, Benton said. Efforts to reach Michaels or her attorney, Sarah Heekin, were unsuccessful.

Reached by phone Friday afternoon, Dail's sister said her brother and his son, Chris Michaels, were happy to put the legal dispute behind them.

"I'm glad it's over for Dwayne and Chris so they can go ahead and move on with what they need to do," Dianna Davis said. "It's been kind of a black cloud hanging around."

Michaels filed the lawsuit in October, saying she wanted a share of the $360,000 Dail will receive from the state. Michaels contended that she was due the money as back pay for raising their son by herself.

Chris Michaels turned 18 in October, the same month he moved to Florida to live with his father.

Dail and Lorraine Michaels were living together in the fall of 1987 when a 12-year-old girl identified Dail as the stranger who broke into her room and raped her. Michaels was pregnant with Chris when Dail stood trial on rape charges in March of 1989.

Although Dail kept in touch with Chris from prison after his conviction, his relationship with Michaels ended.

Dail was sentenced to life in prison. He was freed in August after a DNA test on a forgotten piece of evidence exonerated him.

Heekin argued for Michaels last month that the money due Dail should be treated as salary. Defined that way, the court could order payment to a separated parent.

The state, however, treats the money due Dail as "compensation," not salary, amounting to $20,000 for each year he mistakenly spent in prison.

Get $150+ in coupons in every Sunday N&O. Click here for convenient home delivery.

Print Ads View all ads from past 7 days »

Hosting Partners of
newsobserver.com

A subsidiary of The McClatchy Company