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Child support modification / Collecting past due child support?
My ex and I agreed that while 1 of our 2 children lived with him . He would not have to pay full child support . I signed a paper (not notarized) saying that I agreed . He continued to pay for the child living with me . At his own will ..... Now both girls are living with me again . And it's gonna stay that way . No more moving back and forth !
BUT .... he's refusing to pay full amount of child support that the courts ordered . Now that they are both back with me . What can I do ? He says that it should be even that he doesn't have to pay , since he continued to pay for the child that was living with me . Basically he thinks he can make the rules whenever he wants to !!!!
Will the agreement he and I signed hold up in court. Or was it never viable ? Since it was NEVER approved in front of a judge ? And will he now be held accountable for the past due child support ?
To those of you who did NOT read the question correctly .... I do NOT want the back c/s . I was merely asking a question . As someone mentioned it to me . And got me to thinking .
And he is the one refusing to pay court ordered c/s . He is the one breaking the law as we speak .
The child support IS for the children's benefit ..... That's why I'm wanting to know what it is that I can do to collect the full amount again ....
I said nothing about me wanting the back c/s as it was agreed upon by both of us .....
And why would I owe him ? Since he is currently behind on c/s himself ?
Thanks very much for the answers . Some helped and some did not .
I called the Office of the Attorney General . And explained the situation . And horribly so . They will hold him for the back C/S . But was told I could just simply give back monies due to him per our agreement . And call it even that way . And that since I have opened an enforcement case against him . I myself cannot drop anything till the money is caught up .
Again to make sure that the children are taken care of .
I am an honest person and will hold true to my agreement w/ my ex .
But I will NEVER do anything outside the courts again ! That is my advice to anyone going through anything like this ...... LOL
8 Answers
- 1 decade ago
If there is a court order requiring him to pay you a certain amount then He cannot go against that. He can try and file a motion to modify but if the children are with you chances are it wont change unless there has been a change in income. As for the time that two of then children were living with him I don't know technically he could go after you for support for that period of time depending on what the state laws are. Although you had an agreement the court order usually overrides the agreement especially when the order was in place prior to the arrangements the two of you made. He doesn't make the rules. The courts do. If he wants to push the issue you could file a complaint with the courts and he can be help in contempt. Check with your local child support enforcement agency they may be able to help you out.
- Anonymous1 decade ago
Your the one that sounds like you can make the rules whenever you want. You said that he paid child support for the child that lived with you, did you pay him for the child that lived with him?? You can't have it both ways. The agreement will hold up in court because you signed it, so he won't owe you back child support, but more than likely the judge will order him to start paying the full amount now.
- ?Lv 61 decade ago
The signature will count for nothing if it was not notarized.
My Husband and his ex signed one of those pretty little arrangements too.... she could leave the state with the child, he would pay $500/month in c/s.
Now she's back.... and wanting her "arrearages". Funny how the state will uphold nothing EXCEPT for the money part of it. She violated court orders by taking the child out of state, but there will be no consequences for her.
You can go into the DCSS office locally and open a case. And, you can also ask that arrearages be waived, you merely want a new order placed and enforced.
Good luck!
Source(s): personal experience..... signed contracts, unless notarized, count for nothing in Family Law. - Al BLv 71 decade ago
You need to get an attorney - legal aid if you can't afford one - because there are many things to take into account, such as how much you each earn, and so on. If he was ordered to pay child support by the court, he owes that, and the only way to alter it is to go back to court and let the court change that.
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- 1 decade ago
You go to court, and you will end up paying him child support. Since one of the children lived with him you owed him as much as he owed you, did you pay him. No he continued to pay. The money is for the children's benefit not the parents.
- ?Lv 45 years ago
Do you have a baby help case open with the baby help place of work. you do no longer might desire to be on public suggestions to have them take his taxes for baby help owed. as long as you have a private suggestions case open with them- (expenditures a one million time value of $25.00 i think of) they might desire to be taking his taxes. Why have not you won baby help provided that 2005? call the c.s place of work and ask whats the postpone- one might think of the guy might have had to have had a activity interior the final 2 yrs.
- 1 decade ago
call the child support recovery for your state, they can answer most of your questions, and may even provide an attorny for you. good luck
