I have a question regarding child support laws in Idaho. I dont know if anyone can help me. My ex and I divorced in April 2005. I was ordered to pay $300 a month child support to him even though custody was split evenly. I made more than him at the time. He told me he didnt want my money and told me not to pay him. We were amicable in the divorce and custody hearing. Last July he put the kids on medical assistance which started a child support enforcement case and a garnishment on my check. He signed a no enforcement letter and stopped the garnishment after the first payment. He also signed an affidavit to forgive the debt that was incurred of $4500 in arrears. He agreed to do this every year to avoid another garnishment situation. This year however he is fighting with me about custody and wants full custody of the children. He is refusing to forgive the last 9 months of child support and said that he will use it against me in the court preceedings if I dont give in to him. What can I do if anything?
If you don't have anything in writing, you may be out of luck. Although if he makes more than you at this point, you can request to go back and have child support re-evaluated. It's a percentage based on how much you make. If he's threatening you, all he can do is threaten. Once you're in court, you can tell the judge and show proof that he's "forgiven" all previous payments. He will have egg on his face and he's just trying to use it as ammo. No judge will award full custody to a parent just because. Most likely he's just trying to scare you into letting him get what he wants. I have an ex like that also. Just refuse to discuss it with him and tell him you'll be happy to see him in court. He may back down, he may not. Either way, he'll have to prove you're an unfit parent and I doubt you are. Good luck!
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