Can I sue my ex for back child support?

How much back child support is a felony in Utah?

(c) commits the crime of nonsupport in each of 18 individual months within any 24-month period, or the total arrearage is in excess of $10,000. (4) For purposes of this section "child" includes a child born out of wedlock whose paternity has been admitted by the defendant or has been established in a civil suit.

What if my ex lied about her income for child support?

California state law takes financial disclosure in family law seriously. If you can prove your ex lied about his or her income and financial situation to avoid paying alimony or child support, you may have a case against him or her for breach of fiduciary duty, according to our Orange County alimony lawyer.

Can you get your money back if you are not the father?

Once you've established that you're not the child's biological father, you can seek a modification to your child support order to reduce or eliminate it. However, past child support payments are generally non-recoverable, especially if you've had a strong relationship with the child.

Can child support make mistakes?

Like the rest of us, Judges and court staff are human, which means they are not perfect, and from time to time, the court makes a mistake. The court mistake could be harmless, like mistyping a name, or harmful, like miscalculating an amount for child support.

Is child support retroactive in Hawaii?

In Hawaii, child support can only be modified retroactive to the date of the request, not to the date of the change in circumstances. Therefore, the party who will benefit from the change should seek it promptly.

How many kids do have to have to not pay child support?

"Nowhere in the world would you get a pass on child support if it is proven to be your child. You have a legal obligation no matter where you are, no matter how many children you have," she adds. "Your child is entitled to be supported.”

Can you go to jail for not paying child support in Hawaii?

Your co-parent (or the CSEA) may file a motion in the Hawaii courts to have you found in contempt of court for willful violation of the support order. If you're found guilty, you'll have to pay a fine or serve time in jail (or both).

What can I do if my ex won't pay child support?

Who can forgive child support arrears?

Local child support agencies may forgive all or part of the state-owed arrears under a variety of circumstances, including when the obligor is unable to pay the arrearage based on income, earning capacity, and assets, or the obligor has a long-term disability.

How can I pay child support with no income?

Child Support Modification on Imputed Income

You can request an adjustment to your child support order, but the court will base new child support amounts on your opportunity and ability to find similar-paying work using your previous employment as a benchmark for what you may be able to earn in the future.

Can you sue for paying child support on a kid that isn't yours?

Because of this, a legal parent who is not biologically related to the child but has played a significant role in the child's life may be responsible for child support if they divorce or separate from the child's biological parent. Other terms for this would be “equitable paternity,” and “parentage by estoppel.”

Can a DNA test stop child support?

However, this is very unlikely as a DNA test may not be the sole factor to decide whether child support should be paid. Instead, the child's best interest remains the priority of the court, especially if the child was conceived during a marriage (Mulligan v. Corbett, 428 Md. 670).

Can you be reimbursed for child support?

Whether or not you'll be able to receive a child support reimbursement will depend on your unique situation. If you overpaid due to an incorrect wage garnishment or an erroneous payment, you'll likely recover reimbursement if you have sufficient proof.

How do I prove my ex is lying in court?

Use an expert witness to call the witness's testimony into doubt. In some situations, an expert witness can help shed light on the situation and make a witness's lies more apparent to the judge. Expert witnesses in family court cases might include psychologists, school counselors, teachers, or social workers.

Can you sue someone for lying about child support?

Answer. Family courts are getting rather reluctant to deal with money-based disputes arising out of allegedly fraudulent conduct. However, a civil suit can always be brought for breach of contract (and possibly fraud) and the divorce agreement is considered a legal contract between you and your ex.

Can I sue my ex for child support?

Yes, you can sue for child support.

What happens if a father can't afford child support?

If you don't pay child support, California authorities have the authority to place levies on your bank accounts. This means that the money you owe can be taken directly from your accounts without warning. Imagine expecting a full paycheck only to find a fraction of it left after the levy is enforced.

What is a Judgement against you for child support?

First, the other parent may go to court and ask a judge to issue a judgment for the amount of the arrears. This is called a judgment for child support. Once the parent has a judgment, a whole host of collection methods become available. (To learn about ways to enforce judgments, see our Creditor Lawsuits area.)

Will I go to jail for a first time misdemeanor?

For many first-time misdemeanor offenses in California, judges will impose probation, community service, fines, or classes instead of jail time. The maximum sentence for misdemeanors is one year in county jail. But incarceration for the full year is rare, especially for minor first offenses.