Legal Question in Family Law in Indiana

Back child support

I have been divorced for 12 years and eventhough my ex and I have joint custody of the kids, he has physical custody, so I was ordered to pay him child support. In the very beginning I had a hard time paying him on time, so I ended up being a few thousand dollars behind. When our youngest son came to live with me in August 2007 I stopped paying child support. My ex was fine with that but now that he's remarried he's threatening to sue me for back child support. I know he has a right to the child support I was late on but am I liable for paying child support for the last 2 years during which our youngest son has lived with me instead of his dad? I never made a legal custody change to have the child support order supressed since we had a verbal agreement. And also, if he insists on taking me to court, is there any way I can sue him for child support for the last 2 years since he makes more than twice what I make? I don't want to do this but he's scaring me!


Asked on 4/28/09, 10:55 am

1 Answer from Attorneys

Re: Back child support

There is case law that would support a retroactive modification of child support so that you are not liable for support for those two years and also receive child support from him. You need to hire counsel and since he is making substantially more than you do, there is a chance he will have ot reimburse you for attorneys fees. I suggest that you see an attorney asap and file before he does, so that your modification looks more assertive than a response to his Petition for Contempt.

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Answered on 4/28/09, 11:58 am


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