Q: I have a court order to receive child support. I didn't collect over the past three months as my life was in transition.
I was staying with friends while looking for a new home and during this time our son stayed with my ex. We have 50/50 custody, but this was done in the best interest of our son. I am ready to move into our new house and asked for a “catch up” payment. He is refusing as he claims I abandoned my child. I told him he cannot withhold the support just because he feels I don’t deserve it. He would need to file a motion to modify and go through the proper procedure. I also reminded him that I maintained contact and had child related expenses throughout the time he was not living with me. He is either unresponsive or argumentative. I’d rather not go through child support services. A simple letter reminding him of his court ordered obligation from an attorney should be enough. Is there a way to do this without being represented? I have limited resources at the moment and can’t hire an attorney outright.
A: This scenario is more tricky than you may imagine for reasons that can only be explained in detail during a consultation with an attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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