My ex is trying to modify child support. He is behind 4 months. Will a judge let that go unpaid even if he agrees to modify?

Being joint managing conservators has nothing to do with paying or not paying child support. It has to do with the parent's rights and duties. Judges are pretty smart and it is very hard to pull one over on them. YOu should talk to a good family law attorney.

For educational purposes only. No attorney-client relationship was created by this communication.

To further answer your question, no, the Judge will not waive his back child support, unless you agree to waive the back support. He's not getting out of paying his back child support even if the Judge modifies it. Further, knowing the Fort Worth courts the way I do, he'd better have a pretty darn good reason for not having a job before he'll see a modification in his favor.

An appeal to the court to reduce the support can be done if income has declined or there is an argument to make about extenuating circumstances that you feel the court did not take into consideration. These may include custody of another child or financial hardships; if you have another child to support, the law allows for asking to reduce child support. If you had become unemployed since the amount of his payments were calculated, the judge may say you can reduce support.

Check with your own attorney to make sure your children's position is best represented.

Good luck to you.

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