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Could she get the back child support?My fiancee and his ex wife got divorced back in 2003. The state wanted 235 a week but the mother said that was too much and wrote up a letter stating that she only wanted 125 a week. She signed the paper as well as my fiancee. They never went through the court. So now after 6 years of not being together she wants to take him to court and sue him for over 43,000$ in back child support? He has ever check copied that he has ever given to her. I just find it funny that after 6 years shes just now saying something? Her and her new husband are filing bankrupt and might lose there house? Could this work in for favor?
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also the paper that was signed was signed by a state state notary. Attorney answers (1)
Reputation Level 11
Answered almost 2 years ago.
Bankruptcy Attorney in Taylor, MI.
Only court orders modify child support amounts, not handwritten, notarized agreements. While I understand no one likes to go to court, your fiance should have gone to court to get his agreement entered as an order. If he paid direct, he should get credit for all of his payments but it is likely he is going to be liable for the difference as there is no retroactive modification of support.
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