Legal Question in Family Law in Connecticut
My situation is that I owe back child support and have custody of my daughter now. The ex is a heroin addict and i have been paying an amount $75 (instead of the $100) because my older children disapprove of the payments to her. I just got served with "contempt" and was wondering if you have any advice? She is a drug addict and has been arrested a number of times.
Also, i'm a Canadian citizen and my kids live in CT.
Thank you
Kevin L
2 Answers from Attorneys
Not quite enough information but does your ex have any children of your marriage living with her?
Either way, if your daughter is living with you and was living with her mother, you can file a motion to modify child support. The modification will only be retroactive to the date you serve her with the motion to modify. You will owe her for the weeks you paid the $25 dollars less. You can also ask for child support from her because you now have the daughter. There are many different possible outcomes here. She might even file a motion for contempt if the current order gives her residential custody. You might want to talk to an attorney.
Unfortunately for you if you didn't file a motion to modify the support payments you are still responsible. Once a court order is in place you can not get out of it without another court order modifying it.
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