Old child support order, how to collect a past balance?: I live in Connecticut. Back in 2005 my daughter's father and myself went to court for child support. He never came to court and was ordered at that time to pay $75 dollars a week in support . He fell off the face off the earth and was no where to be found. Recently I was able to locate him. I would like pursue opening my case up. My daughter will be turning 18 soon. He pay's for his other child. Would the whole past balance be his liablity or only a limited to a number of years?
James’s answer:
You can enforce the child support order by filing a motion for contempt. If the payor has had changes of circumstances that would justify a reduction of support, he should have filed a motion to modify. The court, generally, cannot order a modification retroactively to a date earlier than a motion to modify. Hence, the opposing party is probably responsible for paying the entire support arrearage. If the total due is significant, the court will likely rule that the opposing party must pay the arrearage over time.
In addition to the support arrearage, the court may order the party in contempt to pay you the costs of the motion for contempt, including legal fees, the marshal's charges for servicing the pleadings, and the cost of filing the motion.
What happens if my total weekly expenses and liabilities are slightly higher than my income?: I filed for divorce and have one child in common with my soon to be ex husband , I’m filling out a financial affidavit and my net income is a smaller amount than my total weekly liabilities expense , did I do something wrong? Will the court look at my papers like I’m unfit?
James’s answer:
When a divorce begins, there is a period of upheaval financially, emotionally, and otherwise. Therefore, it is fair to explain that you do not have the income to meet expenses and use that, as counsel mentioned, as a basis for alimony and child support requests.
Alternatively, you need to identify ways to bring income and expenses into balance or even allow you to save. For example, if you are spending down savings or borrowing from family or friends or increasing your credit card balances, it would be good to be able to explain to the judge how you plan to normalize yourself after the divorce.
Is there anything I can do to get my son out of a suspension from middle school based on hearsay and child retaliation?: My son was wearing a mask at lunch. Another kid told him to take it off. My son refused. The other kid told a teacher that he said he was going to shoot up the school. My son denied it. The principal was brought in at which point my son claims he was questioned and told that if he says yes he won’t be in as much trouble as if he says no (to the question of if he did it). He was then told that he was going to tell his mom (me) that he did it on the phone when they call. After he came home he told me that he didn’t ever say that and they made him admit to it and he just wanted to be done talking about it since he already said no so much. I called the principal and told her that he says he didn’t do it and that it was over the other child wanting him to “show his face” which seems to me he was bullying my child. The principal said, “but he told you on the phone that he did do it” which my son says was coerced prior to them making the call. What can I do?
James’s answer:
I agree with both of the attorneys who have previously commented. Children receiving special education services have additional protections regarding school discipline, and schools have to follow their rules in disciplining students.
What is particularly troubling is that conflict arises from a politically charged issue, and it seems that your child believed that he was acquiescing to a school administrator. It is problematic that he would then say what he thought was expected instead of sticking to the truth. The school may argue that they can rely on the child's admission.
I think it might be useful to escalate this to a higher administrator, perhaps a school superintendent or the like. Then, it might still turn out to be a learning experience for him.
Further, if your child's antagonist lied to intimidate or harm him, you need to consider that this may be a part of or the beginning of a pattern of bullying. Such problems are better solved as soon as possible.
I said I think you need an attorney to get the school district's attention.