My wife’s Ex lost his job and went to drug rehab for 3 months back in 2007. He didn’t pay her child support during that time, but when he got out she verbally agreed to allow him to pay 400 a month instead of the court ordered 641.
Now, he is taking her to court to get the child support recalculated, which is fine. However, he is refusing to pay the back child support.
My question is since she agreed to let him pay 400 a month until he got back on his feet, will a court award her the back child support of the difference between the 400 and 641?
#1 by Me <3 on February 7, 2010 - 4:43 pm
They should, but because he was out of work in rehab it is possible that if she agreed they might let it go, but if it was court ordered, he has to pay the back child support.
#2 by Meatball on February 7, 2010 - 5:14 pm
The courts decision is what has to be abided by, despite whatever verbal agreement the parties reach afterwards. When your wife agreed to accept the reduced amount, did she ask the court to officially lower the support to that amount? If the court let the original amount of $641 stand, then that’s what they’ll collect.
The only person who can alter a court order is a judge.
#3 by LovesTheConstitution on February 7, 2010 - 5:31 pm
A person who is not the judge cannot effectively change the requirements and obligations set out in the judge’s order.
The court may take his situation into account in calculating the amount of arrearage owed and in calculating the amount due in future payments.