Pursuant to the terms of the divorce I was ordered to pay $1k/month in child support. My ex who lives in Florida never set up the account for the child support payments as per the terms of our divorce settlement and waited two years to create the child support account. Now I am being told that I owe my ex-wife over $24K in arrears in child support because she never set up the account? I am on disability right now and do not have $24K+ lying around. Is there anything I can do to avoid paying the child support arrears or to have it modified or to punish my ex for waiting two years to do this to me?
You need to speak with an attorney fast. Just because she did not set up the account doesn't mean you don't owe the money.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
A lawyer would need to review the agreement to properly advise you. I suggest you have a lawyer review your divorce decree.
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If there was a court order directing you to pay $1,000 per month in child support and you haven't paid, despite the fact that the mother hasn't set up an account in Florida until recently, you still owe her the money. If you are now disabled, I would urge you to consult with an experienced family law attorney to investigate whether you can seek a downward modification of your child support obligation, which if granted, would lower your obligation, but only from the date you apply for it.
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