Question:
My question is about child support laws and dismissing child support arrears if my ex-wife did not accept the payments.
When we divorced, we agreed to modify the court order on our own regarding visitation and paying child support, but there were no court orders entered updating our arrangement.
She eventually denied me access to my son and wouldn’t even accept the child support checks I was mailing her for years.
Suddenly, she is suing me for back child support saying I never paid. How can I fight this and regain parenting time with my son since she was the one who took him away and wouldn’t accept my payments?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any financial advice on divorce.
Generally speaking, the first place to start would be filing a motion with the court to possibly either enforce your decree or to modify parenting time to ensure that you parenting time is not unilaterally controlled by your ex-wife.
With regards to the child support, unfortunately child support is for the benefit of the child, so the general rule is that a parent cannot waive the support which is owed to the child.
With regards to the amount of the arrears, it is possible that a judge, given the facts you have conveyed, could reduce the arrears, but that is going to depend on the statute governing child support in your jurisdiction.
You may also consider speaking with a member of child support enforcement and discuss the arrears with them. It also may be possible to set a hearing on child support through them as well.
Cordell & Cordell has men’s divorce lawyers located nationwide.
To schedule an appointment with a Cordell & Cordell attorney, including Ashley A. Hughes, a Staff Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.
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