Q: Can she not get back pay if she never went back knowing he lost his job?
My boyfriend's kids mom had an order against him in 2010, he lost his job in 2012. She was ok with him just giving her checks or money orders. Now after 5yrs she all of a sudden wants all that back pay. Can he stop it where she gets all the back pay cause he did pay her in checks and money orders, and also she agreed verbally that he can pay what he can afford on the weekends he gets the kids. Please help me with this.
A: She is entitled to 100% of all of the child support that he was ordered to pay and didn't. Without a court order exonerating him from payments when he wasn't working, he still owes the full amount. The kid's mom cannot make the amount less when he is not working because child support is the child's right, and the mother cannot waive or reduce the child's right - only the judge can .
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