Q: Due to the pandemic my ex hasn’t paid child support for 5 months because he was laid off. Does he still owe it to me?
He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?
A: Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either directly, or through the Child Support Enforcement Agency. He still owes any unpaid amounts, but if he is not working because of the pandemic and can't pay, and can't find other employment, the court is not likely to do much but keep track of the amount he owes and require him to repay it all in full eventually. Talk to the attorney who represented you during the divorce, or use the Find a Lawyer tab to retain a local family law attorney.
A: No, you owe him nothing. For him to change the support he owes you now, he would need to file a motion to modify. If you file for contempt for his non-payment, that might prompt him to do so.
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