Full question:
I recently had my divorce domesticated into Florida from Georgia and modified the child support so that it is deducted from my wages by my employer. The attorney handling my case also requested that the attorney's fees (to be paid by my former spouse) also be deducted through payroll deduction. A few months later, we realized that the support payments were not being deducted from my paycheck. After realizing the error, my ex-wife called me and I immediately wrote her a check for a portion of the delinquent amount. She said it was not a problem; to just get caught up and go from there. She has since changed her mind and is demanding the delinquent amount in full. Can she do that? She acknowledged in our conversation that she should have specified that the check be separate and mailed to her at her address. Now she is threatening to sue me for the balance.
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Florida
Answer:
She can sue. You could argue; a "substantial change in circumstances" with regard to the mistake and ask the court for permission to catch up over time.
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