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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115465
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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, Ive had an insane amount of support of $860 a month,

Customer Question

Customer: ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: Ive had an insane amount of support of $860 a month, they take out an extra $100 every week for arreage. im a union laborer and work seasonaly and have always provided everything i can. my kids are 18 and 20 and have paid over $100,000 in support and they say i owe over $30,000
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Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
they deny my modifications because my ex says im laying out of work? im not ! ive paid over $100,000 and my kids are 18 and 20. I have over $30000 in arraerages and her cousin is judge in my coumty court. how can i get rid of arrearages or can i
Customer: replied 1 year ago.
is there a way to get the mother to sign away the crazy back support they say i owe? is there a way to change what i pay?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
call me at(###) ###-####
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.
If you filed your motions to modify and those were denied, you needed to file an appeal to the court of appeals at that time. If you never took the case to the court of appeals, you are in a very difficult problem here.
Your one case you can make is to file in court to seek to have the arrears vacated based on FRAUD. You are going to have to prove that as the judge was a blood relative of your ex, the amount of support was excessively assessed based on that relationship and fraud on their parts. This is going to be a very tough case, as I said, because you never appealed your case to the appeals court in a timely manner. This is the only real option you have though to get out from under this support.
Customer: replied 1 year ago.
How can they deny modification based on her word that I am laying out of work on purpose? And isn't there a form I can fill out because she can't my kids from me and alienated them for me
Customer: replied 1 year ago.
Also what about the months my daughter and her mom lived with me and my parents but didn't change address, report income or even share the food stamps? She has also been caught making false accusations of rape in which she got both her kids taken away
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for you reply.
Unfortunately, visitation and support are two different things.
As far as you having prior modifications of support denied, if she made allegations you were intentionally unemployed, it was up to you to present evidence to the court to prove that you were not laying out of work on purpose and were actively seeking work. But you had to do all of that back at the time of the modifications and you had to file appeals if you lost back at that time. Now your only chance is to try to attack it through the fraud angle based on the judge being related to her.
If she illegally collected food stamps or welfare benefits by not claiming she was living with you or your parents, you need to file a complaint for fraud with the food stamp office, as that is a felony. Again, that really has no bearing on the child support money if you did not take this to court back then and file an appeal if this lower court judge denied your modification.