Can She make Me Pay Twice?

Florida: Asking for a friend, If he and his ex-wife were married for five years, had a child and then divorced for financial reasons only and have stayed together for 11 years since the divorce. In the divorce agreement he was to pay child support each month. Since the home they live in is in his name only and he pays all the bills except for the phone bill which she pays, if he leaves her now can she claim that he never paid child support? Would he have to pay the back support even though he paid for everything over the past 11 years? He has no problem with paying from the time they separate now.

HMMMM....I would think that since the court order was never amended, he might be stuck with arrears. However, a lawyer might be able to get him out of it with proof that they resided together.
I don't think I've heard of people staying together after a divorce like that.

Sarah

SFair said:

Florida: Asking for a friend, If he and his ex-wife were married for five years, had a child and then divorced for financial reasons only and have stayed together for 11 years since the divorce. In the divorce agreement he was to pay child support each month. Since the home they live in is in his name only and he pays all the bills except for the phone bill which she pays, if he leaves her now can she claim that he never paid child support? Would he have to pay the back support even though he paid for everything over the past 11 years? He has no problem with paying from the time they separate now.

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Yes since there is a standing court order and he has no proof that support was paid. The domicile question is not relevant to the issue of child support baring a separate WRITTEN agreement to offset.

SFair said:

Florida: Asking for a friend, If he and his ex-wife were married for five years, had a child and then divorced for financial reasons only and have stayed together for 11 years since the divorce. In the divorce agreement he was to pay child support each month. Since the home they live in is in his name only and he pays all the bills except for the phone bill which she pays, if he leaves her now can she claim that he never paid child support? Would he have to pay the back support even though he paid for everything over the past 11 years? He has no problem with paying from the time they separate now.

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Obviously your "friend" is hoping that he can walk away from this relationship without having to share any of the family assets that are in his name only....and without having to worry about child support arrearages. It doesn't work that way. He would be wise to make an equitable settlement of family assets and be certain that the wording of the settlement includes the fact that it includes the settlement of any child support arrearages.

The dude needs to be fair and not play games. They have been together for 16 years. I hope she nails him to the wall for the child support arrearages if he doesn't equitably divide the family assets.