Back Child Support

[vannuysn]

My fiancee and his ex wife got divorced back in 2003. The state wanted 235 a week but the mother said that was too much and wrote up a letter stating that she only wanted 125 a week. She signed the paper as well as my fiancee. They never went through the court. So now after 6 years of not being together she wants to take him to court and sue him for over 43,000$ in back child support? He has ever check copied that he has ever given to her. Shes never had a problem until after their oldest son just turned 18 and his support stopped, I just find it funny that after 6 years shes just now saying something? Her and her new husband are filing bankrupt and might lose there house? Could this work in for favor? Were not sure what to do?

[Attorney Howard Iken]

You need to get individualized advice from an attorney.

This is a classic situation. Because a judge did not issue an order, the piece of paper may have been worthless.

Sorry to sound so harsh - but at this point he needs to spend the $90 he refused to spend at the time of the agreement. Because that is all it takes to sit down with a lawyer and learn the critical points that need to be covered - to keep this type of thing from happening in the future.



Attorney Howard Iken


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[vannuysn]

I believe that she told my fiancee that the paper was okd by the judge but no where on the paper does there saying anything from the judge! The state notary stamped and signed the paper as well. I dont know if this makes a difference? We also have emails from her stating that he is "NOT" behind on this child support b/c of the deal they made. There just hasnt been a problem until now b/c of "THEIR" money issues that they are having now.

[vannuysn]

I found this online

Florida has child support guidelines. If the parties agree on a child support amount and it deviates from these guidelines, a special form must be filed asking the court to grant the deviation.

Which this is what they did but I dont think that a special form was ever given to the judge to grant the ok but with having this written up and it was her job to give it to the judge b/c she was the one filing for the divorce & she wrote the paper up would she be the one who get in trouble for this?

[Attorney Howard Iken]

No one would get in trouble over this. Both parties are responsible for making sure the deviation is adopted by the court in an order. This required procedural step is relatively simple - and ensures the enforceability of the underlying document.

Bankruptcy does not affect child support.



Attorney Howard Iken

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