Is he in contempt of court if he dont pay me what hes supposed to in child support?

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browneyebuttafly

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We went to court 6 yrs ago and settled for child support outside of domestics through a court order. It was for $650/month. He asked to drop it twice down to $450, then $225 over the last few yrs. I haven't done anything about it yet, but now I want too. He pays me personal check every month. If we went back to court, would he have to pay back child support for the difference he wasn't paying me all those yrs? Also, could I get a public defender for this, or do I even need one? Thanks!
Sassy...Its not about the money. My children are taken care of and money is no issue here. It is a very long story but if I was in desperate need of that money I would have done something sooner. He was buying her things the last couple yrs also. You don't have to act like an idiot either. Thanks!!!
Also, I can't add all details, and why I chose now to do something. I was asking for an answer, not an opinion as to why I waited now. I couldn't possibly be that specific and had my own personal reasons. Thank you for those of you who gave me an answer without being judgemental and ignorant!
 
No you cannot get a public defender. Some courts have self-help centers to help you with the paperwork, and every county in the u.s. has a child support enforcement agency. Often that is part of the DA's office. As to past support, if he has complied with the orders in the past, then nothing is due, even if the amount is raised now. If you are trying to say that you agreed to a lesser amount, that is different. The court may or may nor order back support. The court need not, but may, consider your agreement.
 
For him to be in contempt of court you would need to take him back before a judge, and then the judge would order him to start making the specified payment. Then if he fails to do that, the next time you went back to court he could be found in contempt.
As for you letting him pay less and less, legally yes he is still required to pay the amount specified in the court order. The judge decided what amount was to be paid and only the judge can tell him it is okay for him to pay less. If you were to take him back to court it would be his a**. The judge doesn't want to hear "well she told me I could pay less" because it isn't up to you to decide that. It doesn't matter the reason why he has been paying less, unless he went before a judge and got a new order for a lesser amount, the old order is still in effect.
Belle
 
He has to pay the amount specified by the court order. If his payments are less than that then you can take him to court for contempt of court and he could be ordered to pay back support.

No, you can not use a public defender for this.
 
Well if you just let him pay you less every month without telling the courts, then morally he shouldn't have to pay retro-payments. But legally, I don't know. I think the less the courts are involved, the better. If you make an issue in court, the father will most likely go to jail.
How could you be ok with him paying you less every month, and then out of nowhere you decide you want to take him to court and burn him alive?
 
Yes, he can be held in contempt and ordered to pay the arrears for all the years he hasn't paid what was ordered. A lawyer would be helpful. You wouldn't use a public defender for this, but legal aid might be available if you can't afford a private attorney.
 
No he would not since you stupidly gave away your children's support money.. Just tell your ex you want the court ordered amount as of next payment other wise you notify the court of his noncompliance. Next time think before you to something that stupid
 
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