Can my ex-husband take me to court for child support modification, even if he still owes me money?

Question:

Can my ex-husband take me to court for child support modification, even if he still owes me money?

My ex-husband is taking me back to court to modify child support, but he has yet to pay me half of everything, like for sports, school related things . Can he get his payment lowered if he still owes me money from the past? He also has kept our RV and never took the kids once in it. Now he said he does not make enough money to pay the child support. Can they make him sell the RV to help give me the money he owes me?

Answer:

A request for modification would be considered based on the current circumstances of the parties. If his income has gone down, the court would at least consider the reduction of his income.

The RV payments are of no consequence, as the debts of either party do not factor in to the obligation to pay child support.

You do not seem to be indicating that he has defaulted on his child support, although you do seem to state that he owes you for extracurricular activities and school related expenses.

Child support normally includes those type expenses, unless they are specifically ordered to be paid separately or in addition to the child support. As well, if he were obligated to pay a portion of those expenses separately, his obligation to do so would be contingent on you providing those bills/receipts to him on a regular, timely basis. If you failed to do this, you likely lost your ability to collect those expenses.

If you have been served with a Petition to Modify Child Support, you might want to consult an experienced family law attorney to discuss your rights and options. Most of us do not charge for an initial consultation.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-Wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
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