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Should I agree to settle or go to court? Child support modification needed and I have a serious lack of support from my attorney

Noblesville, IN |

In a nutshell, lost my job, filed a modification 5 months ago, matter set for hearing. My attorney forgot to file a continuance & did not show for hearing (I was out of country for a family death). Matter set for re-hearing. Ex refuses to retro amounts back to original filing of modification and if I do not agree to pay the entire amount of arrearage, he will take it to court and ask to impute income at the same rate I was paying before I lost my job, also to file for contempt of court for non-payment of child support, and to sue for attorney fees and court costs. My attorney does not think I would win my hearing to request a back-dating of my modification. I have made some small payments as money came available but still $1100 in arrearage. Should I Fight in court or just agree to pay?

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Attorney answers 1


If the only issue is the date of the modification, this is simply a math question: are you going to spend more than $1100 in attorney fees by going to court. If it is set for a half-day hearing, the answer is probable yes. If your attorney does not feel you will win, he probably has a reason. It sounds like you have a lot more to lose than $1100.