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Child Support Arrears

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OneSon

Junior Member
:confused: undefinedWhat is the name of your state?
New Mexico

I have a child support modification order in process for the the state of New Mexico. My ex-husband now lives in CA.
I have never modified my child support order until now. Circumstances have changed. I no longer work due to disability. He has my son plus another that is 3 years behind mine. He pays $380/mo for that son and $270 for my son. His income has increased over the years but when I decided to modify he quit his job and now claims he has his own business. Before he quit they modified my order for him to pay $350.82/mo. Since he pays the other mother, he suggested to pay me the same as her as long as I interrupted the State of NM to not modify. Upon that verbal agreement, he said he would pay me the $380/mo. just as her. To date, he has not. So I've allowed the child support agency in NM to go ahead with the modification. I had to write the CS Agency a letter telling what him and myself agreed to which is the $380/mo. He has arrears of like $2100.00 because when I became ill, my sister took care of my son while I was hospitalized. He at that point decided to just pay her after I told him that he was to pay me and not anyone else. He went against that and just paid when he felt like it. My questions are;
Does he have to prove that he paid my sister for the months and is it that something he can legally do and it still be in the eyes of the law? Second,
Since he does live in CA, what it is the interstate collection if CA goes after him for the arrears? I know it's different from NM, but based on his income he has now, which he owns his own business but I think he's being paid under the table anyway because he hasn't reported that income to my knowledge, what can be done about that? Can I still go after the $380 since my state shows that he would have to pay the $350.82? I know that his income is coming from somewhere. He talks to my son and tell him that he's buying this or that, but he keeps prolonging my case here in NM because he doesn't agree with the arrears.
Should I just get him to agree once again on the $380/mo. and tell him that we'll deal with the arrears at a later date, or what are my chances of getting this case resolved in CA. I don't know CA law at all. He lives in Bakersfield, CA if that's any help.
I just need to know what to do. :(
Thank you so much!
 



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