My husband has been paying child support for 22 years, due to the fact that during that time for a few years his income dropped and he could not pay the full amount. He is now down to the last 2 1/2 years and has found ourt that "interest money" is is still going to be owed after he finishes the back payments. He is 64 years old and when this was first mentioned to the X-wife she agreeded that she felt he has paid enough and would agree to dissmiss the interest payments in court. We live in another state and my husband made all the arangements for a cout hearing and will be driving to Florida to do this. The X- wife is now going through another divorce and has 3 children. she is going to court at the same time as the hearing we are sceduled to have, so, she asked him to change the date..We did that to accomodate her and now she is having 2nd thought as to if she will let him off the hook for the "interest " payments. If we go to court and she does not agree, is there still a good chance the court will dismiss the interest or is this a waist of time and money for us ? We dont have the extra money to through away on this case if we have no good chance. By the way, when his income droped and he couldnt make the full payments she had remarried a very welthy man and she told my husband not to worry and just pay what he could, he had always been generous to her, but when they ended up in court 9 years later the judge saw that full payment were not made and then slapped him with the rears amount (she said nothing about there verbal agreement) the judge didnt look at the drop in his income during that time. Should he bring any of that information to court this time? Aslo, she has never worked a day in her life, her soon to be X husband helped to support his child, so how can she claim to be owed money she never put out? The child is now living on his own. PLEASE HELP
2 Answers from Attorneys
Go online and print out the Financial Affidavit - bring the receipts for everything that you list. Tell the judge of the verbal agreements and address only the issues that involve the support payments. The hearing will only pertain to the original issues listed. Point out your age, the income and if you are supporting any other children - the amounts. YOu should do fine.
Have your documents with you as to the Financial Affidavit or you will lose points quickly with the judge.
The best way is to have an agreement reduced to writing that zeroes out the interest, or in the alternative present your case with the court. Contact my office for free consultation 727-446-7659