Can a judge vacate back child support owed?

Asked almost 2 years ago - Mukwonago, WI

I have a custody/child support order that was in effect for over 8 years, the judge ordered a vacate for all back child support owed by the non custodial parent to myself. The amount past due/owed was 6K plus interest, the judge ordered his (the non custodial parent) past due amount, be removed, reversed or otherwise vacated. From all research I have been able to find within law books avail, and cases, counsel and legal advice forums and online searches...this judgement/ruling/decision was not federally legal but was also unprecedented. After the year long custody child support battle, and in and out of family court for 8 yrs I could not afford to appeal the decision. How can I get this overturned, reversed or reviewed or fought?

Attorney answers (3)

  1. Tajara Dommershausen


    Contributor Level 18


    Lawyers agree

    Answered . You are correct that it is very unusual for a judge to vacate a child support order (and very ripe for appeal as child support can't be changed retroactively). There must have been something very unusual in your case.

    If you can't appeal, the only people that could maybe help is the child support agency.

    In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  2. Charles K. Kenyon Jr.


    Contributor Level 19

    Answered . If you can't get the judge to change his mind and you can't appeal, you are stuck with the decision.

    This is best handled with the assistance of a lawyer.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more
  3. Benjamin James Harris

    Contributor Level 9

    Answered . It is very unusual to have a judge vacate any arrears that are due. You can ask the to reconsider his/her decision, but normally that must be done within twenty days after the decision is rendered. Depending upon when the decision was entered, your only option is to appeal the decision. You will need the assistance of an experienced family law attorney. I offer free consultations, and you can contact me at 414-559-1701. Good luck.

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