Legal Question in Family Law in Connecticut
childsupport
my husband was court ordered to pay childsupport and then was incarcerated for six years and the state held him responceable for payment is there a way to have that money ajusted seeing how he had no way to pay it from jail? if so how do i go about doing that?and is it possible?
1 Answer from Attorneys
Re: childsupport
Legally, he should have filed a motion for modification at the time he was not in a position to pay Child support. A post judgement motion or rule to show cause should be filed to stop or adjust the amount of support and medical assistance given. The Court can go back to the date of filing the motion, but usually not earlier than that time. My question would be why do you want the motification to help him as opposed to your children. I think that would be the court's question or, if you are public assistance, the question of the support enforcement personel.
He should file the motion or order to show cause, but you cannot do it for him. Your question appears to indicate a court proceeding has already taken place to hold him resposible, did he appeal or file a motion at that time. It may be too late. More information is needed to fully discuss this case, but he must take some action to have the support award modified, if his economic position has changed. He needs to speak to an attorney to get all the facts and details. This is just an answer based on little facts about his situation or prior court orders. He should get an attorney to discuss in detail this matter.