How can I get child support ordered and do I need a lawyer to go to court to get it.

Asked over 1 year ago - Danielson, CT

My seperation agreement and later divorce agreement stated that in exchange for making all payments on our jointly owned home my ex husband would not have to pay child support. However it stated if he did not make the mortgage payments or was no longer required to do so he would then need to share the expenses for the child. During the 18 months since we separated/divorced he made only 6 mortgage payments, defaulted the loan, got a loan modification, defaulted on that and subsequently short-saled the home destroying my credit. The house closed on 12/5/12. He refuses to discuss child support and even had the audacity to tell me he could not afford to pay half for piano lessons until February. His gross income is roughly $5000/month. How do I get child support and do I need a lawyer?

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    8

    Answered . It sounds like your ex is in contempt of the current court order for failing to pay the mortgage on the marital home. It also sounds like you can return to court and ask that he be ordered to pay child support. Your separation agreement may dictate who pays for the children's extracurricular activities. If your ex is supposed to pay, then he is in contempt of court for failure to pay extracurricular as well. It does sound like it would be in your best interest to speak with a divorce attorney to explore your options in this matter. Best of Luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Joseph S Hubicki

    Pro

    Contributor Level 14

    Answered . Yes, you have to return to court. The facts you presented indicate a probable motion for contempt as well as a motion for modification of the child support provision based on change in circumstances. It is possible to go to court on your own, but your chances of getting all the relief you deserve are much better with an experienced lawyer. If there is a disparity in income or if he is found in contempt, you may be able to recover your attorney's fees as well.

  3. Daniel Edgar Tropp

    Contributor Level 8

    Answered . Look online and search your local state attorney's office who works with the department of revenue and fill out the online forms requesting enforcement. You'll basically get a free lawyer with alot of teeth to enforce your existing order.

  4. Daniel Edgar Tropp

    Contributor Level 8

    Answered . Look online and search your local state attorney's office who works with the department of revenue and fill out the online forms requesting enforcement. You'll basically get a free lawyer with alot of teeth to enforce your existing order.

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