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I went to child support court today, the judge mentioned…

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I went to child support...
I went to child support court today, the judge mentioned that there was an order in place from civil court ordering me to pay $9700 in arrears from 2015. My ex husband waived it at the time and now that we are back in court bc custody changed in 2015 and he hasn’t paid anything, he wants the arrears. The case was in civil court but is now in family court. The family court judge says she doesn’t do anything about the civil judgment. When the civil order was given my ex husband stated his income was $40k per year but I have now gotten his tax return that shows he made $619,233. Can I appeal that decision from 2013 and to what court? He misled the court and failed to disclose his actual income
Submitted: 8 months ago.Category: Family Law
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1/9/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 8 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 127,563
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If you have proof he lied to the court, you need to go back to the court where the decision was entered and you need to file a motion to vacate the ruling based on fraud and attach proof of the fraud. Fraud is grounds to vacate any judgment, but you must raise the fraud in a timely manner (typically 1 year from discovery) to vacate the judgment.

As far as the arrears issue, if your ex waived the arrears he cannot now come seek the arrears and if you have proof he waived the arrears, all you need to do is present that proof in the court to show his waiver prevents him from now asking for arrears again that he waived.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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