ANSWERS: 5
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Yes and no. Many judges will adjust the amount he owes for that period if he made less money during that period, but they won't say he owes nothing. However, this varies by state. Some states prohibit judges from lowering the amount after the fact. Those states usually require the party to move for an adjustment as soon as a change of circumstances occurs.
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If your husband is receiving medical disability, he can be compelled to make token payments, until his ability to resume full payments is restored. In the meantime, the children may be eligible for some sort of compensation as well. Check with your lawyer.
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I'd say the bitch allegations here only hold true if you are trying to squeeze him. If you've actually been struggling without it, then he needs to be paying it, if you haven't, then... As to the legality of it, I don't know whether the thing about token payments from disability is true, but remember, you can't squeeze blood from a turnip.
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The amount of support that your children are entitled to depends on whether your ex-husband had an income during those two years, and how much that income was. If he had no income during that time, then your children would not be owed any support, being that there was no income for your children to receive a portion of. If, however, he did have an income of some sort during the two years, then your children might/would be entitled to a portion of that income, and a judge would determine the dollar amount. If your ex-husband had little or no income during those two years then the court would not expect him, nor require him to pay your children the same dollar amount of support that he had been paying prior to the time off, before his income changed. It boils down to this--the amount of child support that an absent parent is required to pay depends on that parent's income.
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First and foremost, which everyone else seems to have overlooked is...during that 2 year period of time did he file for a reduction? Or did he just not pay and it kept accruing and now he has alot of arrears? IF, and this is a big if, if there was never a reduction/modification done, they cannot by law make that retroactive to 2 years ago, which means he still owes you the money. IF there was a reduction/modification, then he is only obligated to pay that amount HOWEVER, if it has been 2 years, you can now take him back to court for a COLA (Cost of Living Adjustment) based on his 'Imputed Income' or his ability to earn. After 2 years, the man can work and contribute to the cost of raising his child(ren). Also, one of the comments you received stated that in some cases you can receive money from his disability, that is true. you can also send a letter to his docotr advising that you are going to subpeona him in the next legal hearing you have as to the validity of the disability, that usually makes the doctors rethink their 'diagnosis' so your ex could probably go back to work. At any rate, the best thing you can do is get an attorney, also in some states if you use the child support enforcement services/bureau, the county attorney for the county you reside will provide legal representation to the custodial parent for things like this. I also know that your comments are dated from last year, but sometimes these types of things drag on for years. Hope this was helpful.
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