Legal Question in Family Law in Florida

My husband has 2 1/2 years left to finish paying BACK child support that he owes his X wife. The only reason he had any back monies owed is because when his income dropped and he could not make the full 800.00 a month payments that they had agreed to in there divorce settelment for his one son, the X wife verbaly told him not to worry about it since she had remarried a very welthy man.

They never went to court at the time and he always paid what he could. After 8 years she took him to court to have an amount attibuted to him based on his current lower income. The judge saw the last 8 years and slapped him with the rest of what he was not able to pay for those years. The X wife said nothing about the verbal agreement.

The judge did not look at his income for these years.

The payments are not easy for us to make, my husband is 64 and we have now found out that after he finishes the BACK payments, there is another 50,000 in interest payments owed!

When he spoke to his X wife she agreed that she would tell the court that she did not need or want the 50K interest monies, so, we set up a court date and we have to come from another state to go.

Now, the X wife doesnt know if she will agree or not.

I have 2 questions.

1. If we go to court and she does NOT agree to let the interest go, what are the chances the court will dismiss them for us?

2. Is there anything we can do about the Back payments we are currently making? the child is 22 and on his own. We live on very little and if the court had looked at his income for the 8 years in question, he didnt have the income to support the 800.00 a month, it should have been less then half.

PLEASE HELP, we only have 30 days and I dont want to spend the money on the trip to Fl. if we have almost no chances to fix this situation..

Thank you so mush.


Asked on 4/04/13, 10:06 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

It is my opinion the court will not retro actively reduce what is owed. A court modification should have been done at the time.

Read more
Answered on 4/04/13, 3:50 pm
John Smitten Carey and Leisure

If the ex will not agree to waive the interest then you will have a difficult time and you need an attorney to argue the motion on your behalf. The monthly payments should be a lot lower since the child is an adult now. Contact my office for free consultation 727-446-7659.

Read more
Answered on 4/05/13, 2:02 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida