passionatemom10
Member
What is the name of your state (only U.S. law)? Alabama
My ex husband is in arrears about $33.5K. He has recently filed a petition to modify custody and in the response to the petition I have asked that hey pay this balance in full. During some of the time that he was not paying, according to the IWO, he did pay a little here and there. He has receipts from the money orders he used. Some of it dates back as much as 7-8 years ago and has acquired interest. I believe the payments made would amount to maybe $3 to $4 thousand.
Will the interest and amounts that he paid directly to me when he was not working be deducted from the $33K? I have been told that since they were payments directly to me and not to DHR, which issued the IWO, that they would be viewed as gifts and not actual payments, is this true? The actual arrears is around $17.7K and the interest is around $15.5K.
Would it be possible for a judge to require him to pay the amount in full?
I do not have an attorney to represent me and am representing myself. I cannot afford an attorney and have also requested that since he filed the petition knowing I could not afford to defend myself in the matter that he also be required to pay for me to seek adequate counsel in the case. He has sent emails and text messages to me expressing how he is going to "bankrupt my family." How likely is it for a judge to grant this request?
Any advice on this matter would be greatly appreciated.
My ex husband is in arrears about $33.5K. He has recently filed a petition to modify custody and in the response to the petition I have asked that hey pay this balance in full. During some of the time that he was not paying, according to the IWO, he did pay a little here and there. He has receipts from the money orders he used. Some of it dates back as much as 7-8 years ago and has acquired interest. I believe the payments made would amount to maybe $3 to $4 thousand.
Will the interest and amounts that he paid directly to me when he was not working be deducted from the $33K? I have been told that since they were payments directly to me and not to DHR, which issued the IWO, that they would be viewed as gifts and not actual payments, is this true? The actual arrears is around $17.7K and the interest is around $15.5K.
Would it be possible for a judge to require him to pay the amount in full?
I do not have an attorney to represent me and am representing myself. I cannot afford an attorney and have also requested that since he filed the petition knowing I could not afford to defend myself in the matter that he also be required to pay for me to seek adequate counsel in the case. He has sent emails and text messages to me expressing how he is going to "bankrupt my family." How likely is it for a judge to grant this request?
Any advice on this matter would be greatly appreciated.