Q: Do I need to file for back child support if the other party went to prison and is out now, but not paying child support?
I have an order already in place in a different county and the other party was ordered to pay me child support but went to prison shortly after that order was filed. How do I go about getting it restarted if the children are all over 18 now? And the Child Support Recovery Unit said they will no longer handle the case. Does he still have to pay back child support, and if so how do I go about filing that myself. I don't have the money for a lawyer, but would like to get the money that is owed to me.
A:
Yes, if there is an order that required him to pay until your son reached 18, he is not relieved from paying back child support simply because your son is 18. File a petition for contempt to recover the funds he did not pay you under the order. You should include that time he spent in prison. The payments should not have stopped during that incarceration period unless the court relieved him of paying.
You should consider hiring an attorney in the county where the original order was issued.
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