If You Were The Judge...

[yourneighbor]

Many years ago (Dec 1992) my wife and I were divorced (Florida). The wife was awarded permanent periodic alimony (modifiable) and child support for our 16½ year old Son until age 18. The wife was primary joint custodian in Fla, and I worked in Hawaii (military). Seven months later his mother did allow him to move and permanently live with me in July 1993 on/about his 17th B-day.

At that time, I prepared a document agreement (without legal representation) allowing the transfer of Primary Parental Custody and to discontinue child support. I sent the agreement to her home address by registered mail/return receipt. Her best friend signed for the registered mail but the x-wife never signed nor returned the agreement and the boy lived happily with me beyond his 21st B-day without dispute... until... 2009, when I filed a petition to modify Alimony due to a significant change in her financial circumstances (but that's another story).

Well, to my amazement, she responded to my alimony modification petition with charges of contempt for back payment of child support for the year he lived with me. She wants $700 mo x 12 months - plus interest.

Granted, I did not officially petition the court in 1993 to transfer custody and stop Child Support, so I did not have court permission to discontinue paying child support for the year he lived with me. But she did verbally agree and did allow him to make the move without the Court's permission, as well. Afterall, she gave him a suitcase and put him on an airplane.

Under the circumstances, if you were the judge at trial, would you grant her the back child support ?

[Attorney Cheri Hobbs]

You can file a Response to her Motion for Contempt that states the circumstances and request that the court not hold you in contempt. Another idea is to argue that you cannot be held in "contempt" since the child has already reached the age of majority. This is a legal argument that will require caselaw so you may consider hiring an attorney. Every judge is different but the law does state that in order to modify child support or timesharing you must file a Supplemental Petition to Modify IF you do not have a joint stipulation stating the change.

Attorney Cheri Hobbs

[yourneighbor]

hmmm, "Every judge is different but..."

Hypothetically.....If you were the Judge, how would you rule?

[Attorney Howard Iken]

I am reading between the lines and believe you do not have the "point" of our legal system. A proper judge, and I consider myself proper, would rule that child support is still due. Rules are rules. Contrary to popular belief, courts are not mini kingdoms. Orders that provide support are modified as of the date of filing of a Supplemental Petition. The law does not provide for modification before that date.

[yourneighbor]

Well Okay Then. The law is the law is the law, huh., and the judge has no recourse but to award the Mother child support - even if I was supporting him 100% while he lived with me for a year and not her.

Amazing... Sounds like the 'point' of the Law gets in the way of Justice (again).

I think I'll go with Cheri's suggestions.

Thanks Again.