Q: Son's father hasn't paid child support in years, last judgement is 12 years old, is father still responsible to pay me ?
In November of 2009 me and my sons father went to court and it was ordered he pay $260 a month in child support. For a couple of years he did but for the past 5 years or so he hasn't. Everytime I asked for it, he would make up some excuse, tell me he is broke, promise future payment but not carry thru, threaten suicide or make me feel guilty for asking for it. He doesn't have a job, I think he receives SSI but I am not sure. He claims to have high functioning autism and that his emotional stress causes him to not be able to maintain a job, he lives with the mother of his second child and she is the one who works. He hasn't had a job in a few years, Now he is saying that because the judgement was made 12 years ago, he doesn't have to pay arrears and isn't obligated to pay anything because I didn't renew the judgement, is this correct? I live in Louisiana and he now lives in Florida. Our child was born and resides in Louisiana. What can I do to get back owed child support? My son is 12
A: The father is completely wrong. The Judgment is in force until your child turns 18 or graduates from high school but no later than 19. Before he hits 18 file for contempt and get a judgment of arrears. Then THAT judgment needs to be renewed every 10 years
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A: Additionally, you should file for contempt NOW to get arrears going back to 2011. THAT judgment also needs to be renewed every 10 years
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A: I agree with the post of attorney Badeaux----additionally, you should consult with a family/child support attorney in your area to represent you in this matter----you want to know all of your options and the best way to proceed---and you will get that from a consultation with an experienced family/child support lawyer.
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