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    kimbo481961's Avatar
    kimbo481961 Posts: 9, Reputation: 1
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    #1

    Jul 28, 2010, 07:15 PM
    Child support
    Hi

    We live in Alabama and my husband has to pay so called "back pay" and interest till 2015.
    Now mind you it was set at 200 a month, as far as I can tell there could have been 3 years when it first started without child support.
    In 2000 we went to court she up it to 1028 a month, and we're still paying her 275 every two weeks.
    The judge was a friend, she cuts his hair, and she had the top 3rd attorney in the state. So we were screwed.
    We now have proof but can't afford an attorney, my husband makes too much to qualify for help but not enough to receive assistance.
    How can we re open this case and cheaply?
    She lied to the courts about them going to school they were supposeably homed school and all of the kids have admitted now they don't have a GED.
    Now mind you all of them are grown and married and have children as well.
    My husband & I love the kids but the oldes is 25 and this needs to end he is a hear patient and recently had his 3rd heart attack.
    Someone please help us.
    Regards
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Jul 28, 2010, 08:24 PM
    Quote Originally Posted by kimbo481961 View Post
    How can we re open this case and cheaply?
    Generally your husband cannot re-open that case.It is not allowed retroactive child support modifications to be ordered.
    Your husband may file for modification.Most states /incl Alabama/allow child support to be modified when there is a "change in circumstances."
    kimbo481961's Avatar
    kimbo481961 Posts: 9, Reputation: 1
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    #3

    Jul 29, 2010, 09:12 PM

    Even if we have found out she's lying to the courts? Tnks
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Jul 30, 2010, 04:03 AM
    Quote Originally Posted by kimbo481961 View Post
    She lied to the courts about them going to school they were supposeably homed school and all of the kids have admitted now they don't have a GED.
    Quote Originally Posted by kimbo481961 View Post
    even if we have found out she's lying to the courts? tnks
    In the state of Alabama a total child support obligation is determined by adding the basic child support obligation,work related child care costs and health insurance costs,
    If additional award for extraordinary educational expenses was ordered-you would probably have a case. Otherwise it makes no MATTER whether they went to school or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 30, 2010, 05:53 AM

    As GV indicated you can't reopen the support case. However, you MIGHT be able to sue her and the judge. If she had a personal or professional relationship with the judge that judge should have recused him/herself from the case.

    But, frankly this is a long shot and you better have a good lawyer.

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