Can my ex-husband get child support modified on the past year he has not paid?

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Can my ex-husband get child support modified on the past year he has not paid?

My ex-husband is trying to modify child support and alimony after being behind by 12 months. He claims he can’t find a job and was laid off (he quit and had his boss lay him off so he could get married and move). He can’t have the past year modified, can he? He lives inhis new wife’s 5000 sq ft home in a gated community. He claims he can’t find a job and I am left trying to take care of my kids.

Asked on December 18, 2011 under Family Law, Utah

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding past due support and any possible modifications, on behalf of your ex, for child support payment.  Family law matters, such as child support, payment in arrears, child custody, and child visitation are all governed by state law, and as such, the laws will vary from state to state.  However, the common theme in courts for child-related issues is to make decisions centered on the best interests of the child. 

The court will determine child custody based on the best interests of the child test.  The factors of this test include, but are not limited to, the character and morality of both parents, any evidence of alleged neglect or abuse from either parent, consideration of which parent is likely to support the child’s relationship with the other parent, and the proposed home for the child.  The court will award physical custody and determine one parent to be the custodial parent in the area where the child can thrive the most, including their education and developing friendships.  This is to assess legal and physical custody.

When assessing the financial standing of both parents, the court will require both parents to produce a lot of personal financial information.  If your ex does not make the court aware of the size of his home or any other possessions that he has of great value, then you need to bring it to the court’s attention, because he is completely misleading the court, and that is in most case illegal, and in some cases frowned.  Either way, it would not look good for him to think he can out smart the judge.

If you need further assistance on this matter, you can always contact a family law attorney in your area. 

 


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