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bakersgirl08 · Oct 20, 2010, 03:01 PM

If a child & spousal support judgment was not submitted to proper authorities for a wage garnishment for two years, can the petitioner legal ask for arrears and reimbursement of support and college tuition for self and adult child? Can a divorce decree be modified once the judgment has been finalized?

cdad · Oct 20, 2010, 03:20 PM

What arrears do you feel is owed?

No you can't go back and modify it after its been ruled on unless there was something illegal about it. But if you get it overturned then you may be married again and have a waiting period.

bakersgirl08 · Oct 20, 2010, 03:35 PM

The divorce decree was finalized in '06, the Respondent (my boyfriend) and petitioner tried to reconcile the relationship from '06 - '08. They finally parted ways in January of '08, she submitted support with county child support office and wages were garnished soon after. Since then, Petitioner has filed two additional modifications, one requesting arrears in the amount of $40,500 and the most resent, requesting arrears, additional support, due to the fact she was terminated for cause. The motion was granted as uncontested by Respondent; Respondent was never served and was unaware of the hearing that was held. Respondent has filed a requested for modification and is scheduled to present before the judge "TOMORROW". It is unfortunate, but Respondent is unable to afford an attorney. He too works for the State and between garnishments, mandatory retirement and the cut in pay, he is left with less than 50% of his monthly pay.

cdad · Oct 20, 2010, 03:39 PM

What exactly do you mean by try to reconcile? Were they living together?

Has the ex gotten another job yet?

bakersgirl08 · Oct 20, 2010, 03:42 PM

Yes they lived together and no she has not found another job. She has stated that she is appealing the employers decision to terminate her.

bakersgirl08 · Oct 20, 2010, 03:45 PM

Would you say that never being served is illegal?

cdad · Oct 20, 2010, 03:51 PM

Yes it is. But there is another problem. If there was an original order for child support and then they lived together that should have been grounds for a modification. But he never tried to change it. So he may still owe the arrears even though he had them full time for the 2 years.

He needs to talk to the judge about that. Also he needs to see how he was "served" in the paperwork for the order.