QUESTION
Can my ex take me to court for the support he paid while living with me?
Asked on Nov 13th, 2013 on Divorce - Washington
More details to this question:
My ex is taking me to court for child support. He paid while he stayed with me for several months though he paid no living expenses. My ex husband and I were divorced in 2009. He was ordered child support and maintenance. A year and a half later, I offered him to stay with me while he was driving a truck, so he didn't have to pay rent somewhere that he wasn't at too often. He stayed in the basement, worked and paid support. He never contributed to any bills or rent. Since he was a runner and it was hard to get support from him, I figured as long as I got support it was okay. Now 2 years after, he was kicked out of my home because he took a knife to himself and stabbed his body. He is going to take me to court for the support he paid while living with me. Can he do this?
5 ANSWERS
He can try but to be relieved from support he would have to show that he contributed to the expenses of the household. Also, the court is not likely to retroactively relieve him of the responsibility of paying support.
Answered on Nov 15th, 2013 at 9:31 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No In Michigan he cannot change the court ordered child support retroactively.. he can only change it in the future after circumstances change. if he did not file at that time its his problem.. he waived any overpayment (it does not sound like he make any overpayments anyway but underpaid because he did not pay for his support only child support)Further if he is not current on the payment of child support it is likely that the court will hold him in contempt and force him to pay or go to jail.
Answered on Nov 15th, 2013 at 1:21 PM
Bruce Provda
Well he can try but I'm not sure he would be successful from the facts you state.
Answered on Nov 15th, 2013 at 1:12 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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There is no yes/no answer, the decision is for the Judge.
Answered on Nov 14th, 2013 at 12:16 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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He can, but he won't get very far if you can show he contributed no funds to the household.
Answered on Nov 14th, 2013 at 12:02 PM