Re: Child support modification stop back payments

If you are indigent, then you should contact Legal Services Corporation who should assist you.

If you have written documentation as you state, then you have a defense to the claim for back support as you have provided support in kind by having your child live with. You should write a letter to your exwife and remind her of this and put her on notice that you will present same if she files a petition. Additonally, depending upon the nature and contents of this documentation it may constitute an enforceable contract and you can sue for the money owed you under the agreement. This would not be done in a Domestic Relations Court, as only the Court can approve a modification of your divorce Agreement. But if the right words are there and she signed it, then District Court should accept your complaint and give you a hearing. Further, your exwife my be in trouble with the Social Security Administation for receiving benefits when the child was not living with her.

If your income has been reduced since your divorce due to no fault of your own, then you may be entitled to a reduction in your child support obligation, but you will have to file a petition to get this done.

If we can be of assistance, please feel free to contact us at Forrester & Associates, 256-435-1007.

Note: If legal services is unable to help you, and you are actually indigent and the appropriate Court is within a reasonable distance of our office, Forrester & Associates does Pro Buno work for qualified individuals.