Once you have been to trial and back arrears set by judge can the ex do a modification?
Filed in Questions & Answers on Jul.16, 2009
I have been to court regarding back arrears that is owed to me by my ex husband. We went to trial on april of 2008 and the judge faired in favor of myself for a excellent amount of money. He is not paying the set payments made by the judge from the trial they have taken his license and his real estate license and have threatened to liquidate his assests. He is now taking me back to court to modify this court order. Can he do this and what can I expect.
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July 16th, 2009 at 6:15 am
If he has grounds, he can modify future support; not the arrearage. If he’s smart he will allege that the loss of his real estate license has reduced his income, justifying the reduction.
July 16th, 2009 at 6:15 am
You can be taken back to court at any time. Him getting what he wants is a really different case. This is especially right since he violated the previous order. Make provisions for him to also pay your attorney fees if he loses.
July 16th, 2009 at 6:15 am
He can’t do anything to modify the arrearage. If he does not comply with those payments he can be held in contempt of court and be jailed. Him risking this by wanting to appear before the judge on the modification of support seems foolish on his part. Most states have a limit on how many modifications can be requested (ie: only once every 24-36 months no matter what the circumstances). I agree that he may use the "no license, no income" argument, but again, he is risking being jailed for not complying with the arrearage order.