Asked in Child Support and Family Law for Idaho

Q: Change of child support

My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop collections on the order. Well she moved and never followed through. What can I do to get this taken care of? We are both in violation of our court orders. But it has gotten to the point they have taken my license. And now is making it difficult to find work and such. My kids are all over 18 now and she won't call and wave arrears as agreed apon. So I can't get on with my life. How can I get this all corrected and behind me?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states to allow the obligor of child support to escape his child support obligation. However, some courts will uphold the agreement between you and your ex and still not allow you to get out of paying child support. There IS a way to not have to pay child support, and it usually involves an Affidavit from you and your child's mother, to the effect that both of the parents are not needing child support because they make enough money themselves that CS is unnecessary. However, where this is NOT what happened, my honest guess is that you will NOT be allowed OUT of your back CS. So, I have 2 bits of advice:

1. I would get ahold of CS Enforcement and arrange a payment which will enable you to drive and earn money; and

2. I would file a Motion for Contempt, for your ex taking your children 3,000 miles away without getting the Court's approval. When she answers your Petition for Contempt, saying "well he promised that if I forgave his CS forever, he would let me move our son 3,000 miles away," I am guessing the Court will want to SMACK her on the butt for thinking she could do something that the Court couldn't even do for her (forgive your CS), as this is a Legislative function, and they're not likely to let any father off the hook financially, you know, "you play, you pay" mentality. Good Luck!

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