Legal Question in Family Law in Indiana
Hi,
My EX is over 10G's behind in child support. Over the last 2 years he has had several jobs, Only to be "laid off". He wanted me sign a paper saying he only had to pay 35$ a week foe both kids. I refused to sign it. 17.50 a week doesn't cover their school lunches. I have been patient since his lay off 2 years ago. I am stuggling just as everyone else is. I asked him for help and he says if i take him back to court the judge will feel sorry for is job layoff and willl not only lower his support because he is making less but will wipe his arrage off. Is this true?
THANKS YOU
1 Answer from Attorneys
He may or may not lower the support. Child support modification is only retroactive to the date of filing for the modification and even then that is within the court's discretion. If he has not filed for modification, the arrears will accumulate based on the last child support order. I have never heard of arrears being wiped out by anything other than payment.