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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111449
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My ex and I lived together after our divorce until she moved

Customer Question

my ex and I lived together after our divorce until she moved out six years later and remarried. Our agreement which was verbal only was I would put my weekly check in her checking account while she went to school. Child support was 500.50 a month which she said she would waive. I brought home $1,700.00 a month. Thirteen years after our divorce she sued me for back child support and won. My attorney didn't see the need to court order her bank records. I paid another $35,000.00 to her. I went on SSD July 2013. I wrote her attorney and sent certified mail my situation and that I couldn't continue paying. I'm now being sued by a new attorney she has found for an arrears hearing. Is there anything I can do? Yes, I will show up next month for it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, when you went on SSD you should have immediately filed a motion to modify support based on your significant change in financial circumstances. It is too late to argue what your first attorney did, but now you need to fight this one with a new attorney to prove that there was a significant change in financial circumstances and as such the court should decrease the support payments. Now the issue would be the arrears back to 2013 and the court may agree that because that is when the change took place in your finances because your disability.
However, for future reference, when the change occurs you are not supposed to just send a letter to her attorney, you need to file a motion to modify support.
Your recourse now is to object to her motion AND file a countermotion to modify support based on the significant change in financial circumstances.