Can my husband's ex take him to court for what she claims is unpaid child support, if she finds out he is home for R&R? His child support is paid, court is set for Aug of 2012, but can she tell her attorney and get it into court sooner or up the court date due to this?

She can always try to get a earlier court date, your reason makes no sense, It sounds like you left something out,
"he is home" and "are an are" is confusing.

Quote:

---

Originally Posted by Fr_Chuck

"he is home" and "are an are" is confusing.

---

I understand it to be that he is home for R&R. Military maybe?

The short answer to your question is: yes, she can take him to court. The underlying question of will she win requires a lot more information (where this court action would take place, how long ago the divorce decree entered or the last modification, if there has been a material change in circumstances.

In terms of the "unpaid child support" the big question for me would be, does he have the cancelled checks to prove he is current? If yes, sounds like he is in good shape; if no, he said she said and the burden will fall on him to prove he paid her.

Best of luck