Skip to main content

Can a judge vacate back child support owed?

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

Posted

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 each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin http://addbalance.com Talking to the Police - Advice from Lawyers and Police: http://addbalance.com/police.htm

Mark as helpful

Posted

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 it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.

Mark as helpful

2 lawyers agree

Posted

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.

Mark as helpful

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics