Ask a Divorce Lawyer: What should I do when there’s a dispute over how much back child support I owe?

Question: The state of Michigan claims that I owe over $32,000 in back child support. I actually owe my ex $8,000. At this rate of owing them, I would have had to start paying child support three years before my children were born. The statute of limitations runs out next year. What do I need to do to get this taken off after the limitations runs out?

 

Answer:  I am not licensed in the State of Michigan or Alabama so I am only able to answer this question based upon general practice.  Therefore, the specific answer in your state may differ.  Please note that Cordell & Cordell just recently opened an office in Detroit and you can schedule an appointment with an attorney experienced in the specific aspects of child support in Michigan. This meeting can be scheduled via a phone conference as it appears you do not reside in Michigan.

If the Statute of Limitations runs (confirm that with legal counsel in Michigan before moving forward) or if your ex-wife moves against you for an enforcement (contempt) hearing I suggest that you file a Motion for Determination of Sums Due and Owing.  Basically this Motion asks the court to perform an accounting of the support owed.  It may be possible to do this through a State Child Support agency.  The agency is often less expensive but the process may take longer. 

 

Spencer E. Williams is the Team Leader over St Louis, St Charles, Indianapolis and Arnold (Jefferson County, MO) offices of Cordell & Cordell, P.C. where he practices exclusively in the area of domestic relations. Mr. Williams has tried numerous cases dealing with complex custody issues, maintenance, business assets and personal asset division. 

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