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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-20-2011, 04:24 PM
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Default Going back on agreement

Hi All; I need some advice on a situation I'm in.

Brief history;

- I have been divorced for about 12 years
- My Son, now 14, use to split his time 50/50 between his Mother's house and mine. (we did have an agreement for this)
- I paid my x $200 per month up untiil August 2009, when my son came to live with me full time.
- I didn't ask for anything until she started refusing to pay for ANYTHING for him (she initially would contribute to any expenses ie: school uniforms, team sport fees..etc.) then, when she realized his moving in with me wasn't a "temporary" thing, she became difficult.
- I ended up having to go back to my lawyer in July 09 to have an agreement hammered out for her to start paying me child support. I only asked for it to be retro'd to March 2010, not August 2009 when he started living with me.
- She started paying me the support monthly around August of last year.
- She was laid off in February and has not paid support since January.
- She is not even trying to find work since she recently received $$ from her parent's estate.

So, my question is this: Since my lawyer sent me the "FINAL" copy of the agreement, via email, I assumed it was filed with the courts (I know, I know, I should have followed up on it, but yeah, she was paying and I thought things would run smoothly - HUGE mistake I know).. I recently looked into (on advice from here) it and it turns out it wasn't filed with the courts.. I've contacted my lawyer at least 10 times in the past two weeks to find out what the status is of the filing and what happened. I received one email from his assistant saying he was working on it and now I'm hearing nothing. I don't even know if her lawyer signed it. I'm getting no info.

What can I do in this situation?? Does my lawyer have to call me back?? What if he's taken on some big cases and doesn't have time (It seems that he's gotten a bad rep for this in the past few years from what I've read on the internet lately). Since he started this for me, does he not have to finish it??

Also, if my Xs lawyer didn't sign it - They obviously won't now that she isn't working. Doesn't she still have to pay some support? Since she was paying for a few months in accordance to the "agreement" her and my lawyer hammered out, does this set some "precidence" and indicate she was in agreement to it? If the agreement is null and void and she's refusing to abide by it (in the event her lawyer never signed it), and I have to go about this again, can I go after retro to August 09, or has too much time passed.

I'm really sorry about this being so long. I'm just trying to make sure I provide enough info. So, if you can help me with any of the above, I would greatly appreciate it. As I said, I have made HUGE mistakes in the past dealing with this and I'm trying to make sure I'm doing everything to the "T" going forward.

Thanks in advance.
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Old 03-21-2011, 12:42 AM
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Retroactive Child Support

Your obligation to pay child support technically commences immediately upon separation. As a practical matter your child support obligation will only commence when you and your spouse physically separate, so long as you continue to pay your share of the household expenses while you’re living under the same roof with your spouse.
In awarding child support, a court normally will not go back more than a year before child support was originally requested, unless there is a good reason to do so (for instance, there was difficulty in locating the child support payor).
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Old 03-21-2011, 11:05 AM
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My ex has paid for the last three years, but not the first 2. He also has been paying less then what is outlined as per his income and refuses to show proof of income. What can I do?
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