Do I owe her anything?

[EmmeRose]

What is the name of your state (only U.S. law)? MN

Yeah, it's me again. It's just one thing after another sorry.

To make this as short as possible. Ex and I were married, separated, she filed for CS in 2005, got it but I never paid a dime. We got back together a month later and I was pulled over with a suspended license about 2 years after that and said I owed thousands. She went to court and signed a sheet that I never had to pay CS and all of those arrears disappeared because we were living together.

Flash forward to our divorce in 2009. CS was ordered by court. I didn't have a job so we verbally agreed that I didn't have to pay CS until I got a job. I got a job Oct 2010 and that next week I opened up the case myself. According to CS, I have no arrears and I'm paying every month.

I now got an email from her saying that I owe her for all of 2009 and up until October of 2010 and she is going to take me to court over this. Am I going to have to pay for all of that and get my license suspended again until I pay off for almost 2 years worth of CS?

Do you think our verbal agreement will hold up or is it a "she said" "he said" thing so one of us could be lying about it.

I'm also wondering that when she takes me to court, I can also motion for a reduction of CS payments.

Thanks.

 

[LillianX]

If you were ordered to pay support in 2009, and she did not go through the courts to have the order lifted, you owe the support, and you will be very likely to find yourself in arrears.

Your verbal agreement is worth as much as the paper it is printed on.

You can motion for a reduction if you have a valid reason to do so. Look up your state's child support calculator and see what you come up with.

 

[EmmeRose]

She could have at anytime gone back on her word during that period of time and filed for CS but instead she told me that she could wait until I have a job. But she decides to wait until I'm paying CS for almost a year to tell me "Oh yeah btw you owe me." Would they put it at the full amount plus the MN 20% interest thing?

According to that calculator, I don't know how accurate it is, it puts me at only $50 a month when I'm paying closer to $400. I doubt the courts will go anywhere close to that low amount. I don't expect them too either but if it gets lower, that would help me out so much.

 

[Proserpina]

She could have at anytime gone back on her word during that period of time and filed for CS but instead she told me that she could wait until I have a job. But she decides to wait until I'm paying CS for almost a year to tell me "Oh yeah btw you owe me." Would they put it at the full amount plus the MN 20% interest thing?

According to that calculator, I don't know how accurate it is, it puts me at only $50 a month when I'm paying closer to $400. I doubt the courts will go anywhere close to that low amount. I don't expect them too either but if it gets lower, that would help me out so much.

You're working full time and the calculator is showing only a $50/month obligation? That doesn't sound right.

 

[EmmeRose]

My gross pay for the month is usually around $1160 which is 40 hours a week at minimum wage. I put her pay at the same amount as mine, $1160 but I know that she has 2 jobs and gets paid close to $14 an hour.
Using the MN calculator it says $71 a month. Sorry I rounded it down to $50, close enough.

I wouldn't mind paying even $200 a month, it's the over $350 a month that's killing me. I know my daughter needs support from me but when it's hurting me financially this much, I need it lowered.

Well, I guess whatever happens, happens but I'm not going down without a fight.

 

[EmmeRose]

One more thing -

I called the courts earlier today and the soonest court date isn't until late October. The clerk said that I have to mail them out to the ex and the courts at least 20 days before. My question for you that I forgot to ask the clerk is, if I file the stuff on Monday, would the reduction be able to be adjusted from the day the courts received the request or would it not start until the last week of October when the actual court date is?

 

[Zigner]

Let's be clear her: "Don't worry about paying now" does NOT mean that you are not accruing arrears. It simply means that your payments have been deferred (in other words, put off to a future time.)

 

[EmmeRose]

So pretty much there is no hope to fight it? The judge will see it as what, a mistake and make me pay all the back money?

 

[LillianX]

No one is going to be able to tell you with absolute certainty what a judge will decide, but yes, it is likely that you will have a boatload of arrears to pay.

If you think you are eligible for a support modification, by all means, file for one. Remember, however, that it will not affect your arrears... only the amount you pay from here on out.