More details to this question:
Three years ago, my youngest kid's mom took me to court for child support. I was only working part time at the time, but due to the fact that the judge felt I SHOULD have been on a full time job, she ordered a judgment of $650. Immediately, I was in arrearement of over $7,000.(birth to 1 yr) My kid was 1 yr old at the time, and she will be 5 in July. I have the initial arrearement, plus what accumulated while I was still working part time. The check I was then receiving would not even cover one bi-weekly payment, but they afforded me SOME money to at least fuel my car with. I currently have an older kid, and both are on my ins. The woman now has another child since ours, and my kid being almost 5, means that her childcare is not the same as it used to be. Is there anything I can do? I asked her if she minded taking the courts out of it, and me paying her directly, and she seems good with that. However, is there anything I can do?
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Are you dreaming, make it official and in court or you will be paying twice.
Answered on Jun 08th, 2015 at 9:46 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You can ask the county to review the child support of you can file a modification action asking for a change in child support and child care obligations.
Answered on Jun 08th, 2015 at 9:46 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's generally not a good idea to make a support arrangement without the court approving it: the central office in Milwaukee keeps a good record of paymentswhich the courts rely on, rather than on the word of the parent(s). You certainly can move the Court for an Order amending the Order or judgment as it relates to child support. But the court is entitled to measure your earnings not by what you actually earned, but what you could have earned. So if you are earning less than you did in the past, you'll need convincing explanation of why that is so.
Answered on Jun 08th, 2015 at 9:46 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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"Leaving the court out of it" makes the agreement unenforceable and if she changes her mind later, none of these payments will count since the old order stays in place until a new order is entered. So if an adjustment or modification is needed, do it properly, through the court. By the way, the judges order was not what the judge felt you should pay; the law requires imputing full time income when a person is voluntarily underemployed or unemployed.
Answered on Jun 08th, 2015 at 9:46 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I don't follow your situation. You should discuss this over the case file with the Family Law Facilitator at your Courthouse for free or hire an attorney.
Answered on Jun 08th, 2015 at 9:46 PM