Complicated Question about Child Support
Hello. I know this is a complicated issue and I will likely wind up having to talk to an attorney, but just thought I would see what the feedback here might be first.
My boyfriend has 2 children from a previous marriage. He has paid child support for them since the divorce, about 15 years ago. He does owe some back CS for some times when he was out of work or had very little work (he is self-employed in construction) but is currently making payments towards that as well as making his regular payments.
However, he has not seen these children in 4-5 years, and there have been periods (months at a time) before that in which the ex would not allow the children to see him.
The reason he has not seen them for the last 4-5 years is because the ex accused him of molesting his daughter (he did NOT do this and she knew that the entire time - she had an agenda, which is a whole other story). While this was under investigation, he was, understandably, not allowed to see the children. He was also forbidden from being around the 2 children of his then-current wife (neither of them his) and his daughter from a previous relationship who lived with him and his current wife. Because of this, he had to move out of his home for almost 3 years. After this time, he was cleared of all the charges. The paperwork he received from the court at the end of their investigation completely dropped all the charges and clearly states that he is innocent of all charges and that, while they did find that the child was molested, it was done by another family member. However, the ex has not allowed him to see the children or have any contact with them since this happened.
My question is this: since he has not been, and is still not, allowed to see the children (they are now 18 and 16), is there any possibility of going to court and asking that the CS order be modified retroactively? Even if they would just reduce the amount he had to pay since it was the ex's choices and actions that made him not allowed to spend time with the children? Or will the court likely say that it doesn't matter what the ex did, he still has to pay what was in the original order?
My boyfriend has never been represented by an attorney through any of this - even the divorce, so his interests have never been taken into account. I believe the amount he has to pay every week is already too high, but when you figure in the fact that the ex doesn't allow him to have contact with them - well, I just think he got a bad deal. He's a good man, and a good father to the child that lives with him, and he wanted to be to the other two, but was denied the opportunity.
I'm just wondering if we should even bother trying to find an attorney and go to court with this or if we would simply be fighting a losing battle. Honestly, all that he would really be asking for is that the back CS be waived and the support be ended for the 16 year old (the daughter is 18 now and her support has already ended).
Thanks in advance for any thoughts or advice any of you may have.
Christi