Ask a Divorce Lawyer: Can my ex sue for back child support if she found out I lied about my income?

Question: My husband was not married to his daughter’s mother. Their child is now 20 years old, and he has always paid his child support. 

In 2008, after the daughter was 18, my husband’s ex filed a complaint with the court that he did not pay what should have been paid claiming that he lied about his income. She knew how much he made because they did a refinance of his home in 2005. 

My husband’s appeal dates have past and it seems that the judges don’t care about him and what he has done for his child. Now it seems like my husband may lose his entire 401(k) because the mother feels she can get away with lies and because she knows the court system because she was a paralegal. 

Can you tell us what to do?

Answer: You need to contact a domestic litigation attorney licensed in Illinois immediately.  You state that appeal dates have passed.  Does this mean that the matter went to a hearing, the Judge made a ruling and your husband did not appeal?  

You need to have an attorney review the original orders and the most recent order immediately.  Although I do not practice in your jurisdiction, Cordell & Cordell has many attorneys licensed and located in Illinois who can review his case.

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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