WAYNE COUNTY -- Dwayne Dail, a Wayne County man who spent nearly 20 years in jail for a crime he didn’t commit, was back in court Wednesday fighting to keep money the state owes him for all the time he wrongfully spend behind bars.

Dail’s former girlfriend is suing him for back child support. She said it is money he would have had to pay were he not in jail.

“She was the custodial parent of a child for 18 years and did everything she could to raise him as a single parent,” said Sarah Heekin, attorney for Dail’s ex-girlfriend Lorraine Michaels. “Now, Mr. Dail is in a position where … he could help with that matter and voluntarily offer some recompense to Ms. Michaels and he has not done that.”

Dail’s attorney argues that state law does not require people to pay child support while in jail. They have asked a judge to dismiss the case.

“The sad part about it is Lori could have called and asked me for anything, not that I have anything. I have nothing. But she could have asked me and I would have been glad to help her out,” said Dail. “I did not cheat anyone of anything. I got cheated. My son got cheated. Sure, Lori got cheated too, but not by me. I'm not the person she should be suing. I'm having a hard enough time just trying to make it. I don't need this.”

Michaels was not in court Wednesday. Their son, Chris, now lives with Dail in Florida. He turned 18 last month. The judge did not say when he would make a ruling in the case.