Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I had custody of my son for 12 years. When he turned 14, he went to live with his mother and I did not have to pay support because she receives 1,000.00 a month for him for disability and 2,000.00 for herself. Now she is taking me back to court for support. My question is: she still owes back support of 3,500.00. Can I ask the court that she cannot pursue support until she pays the back support? I live in Franklin, Indiana.”
In these cases, the Court will have to look at the entire support history, apply the law to your situation, and come to a solution that is fair to everybody. If you have not already done so, contact a lawyer who practices in family law in your area. It is very important that no mistakes are made in this process, because they can be very costly to fix. If finances are a concern, you can contact a local Bar Association and ask for the contact information for a pro bono family law attorney, who will work either for free or at a graduated pay schedule according to what you can afford.
