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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16580
Experience:  Licensed experienced Attorney
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My husband and I have been married since 1/15/11, he has a

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My husband and I have been married since 1/15/11, he has a child that is 18 and will be 19 in Jan. His ex-wife says that he owes $25000 in back child support and turned him over to child support enforcement last yr. He paid child support until his son graduated and changed jobs and the child support was stopped and we never heard anything else about it. Now his exwife has had him served for contemp of court. Is there anything we can do? We are not finanically able to pay her the $800 a month that she wants for one child, I have 2 kids of my own and only get $300 a month (if that) for them together. We have been trying to help his son and giving him money to help him while he goes to college full time and works but that doesn't seem to be good enough for her. Can she still make my husband pay all that money that she says he owes?
Submitted: 5 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Unfortunately if the child support had been court ordered and your husband failed to pay it as ordered, your husband's ex-wife is legally entitled to this back owed child support and can pursue all type of collection / enforcement action against your husband, including getting his driver license suspended, his passport revoked and also even possibly getting him arrested on the contempt of court charges.

The only legal option that your husband might have is to file petition with the court where the child support was ordered for a reduction of the back child support amount that is owed due to his economic hardship, but unfortunately in most cases this would be an uphill battle, especially when this type of request pertains to back owed child support that was previously ordered, versus current or future child support.

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Customer: replied 5 years ago.
Are we allowed to contact her lawyer to try and make an arrangement for payment of the back child support? If we make an arrangement with him will we still have to go to court?
Expert:  replied 5 years ago.
Your husband has every right to contact wife's lawyer, especially if your husband is not represented by an attorney and your husband can negotiate some type of an acceptable re-payment plan.

If a written agreement is reached between your husband and his ex-wife's lawyer, an agreed order can be filed with the court and neither party will have to go to court.

I would strongly suggest for you husband to consult with a local family law attorney, who can review the entire situation, all the facts and documents and might be able to help your husband to negotiate some type of payment plan or even find another resolution that would be far more effective than if your husband will try to handle this on his own.


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
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