What should have I piad my ex-wife when I was unemployed

I lost my job of 5 years last February 2007. Prior to this I was paying my exwife $1300 a month in child support and $500 a month in spousal support.
I found a new job and started in June and immediately started to pay her again. She wants to get paid for the time that I was not working.
I agree to pay back child support but I don't agree to pay back spousal support.
Regardless of what I agree or not. What are legal options?

Originally Posted by Unregistered I lost my job of 5 years last February 2007. Prior to this I was paying my exwife $1300 a month in child support and $500 a month in spousal support. I found a new job and started in June and immediately started to pay her again. She wants to get paid for the time that I was not working. I agree to pay back child support but I don't agree to pay back spousal support. Regardless of what I agree or not. What are legal options?

Is there a court order for CS and alimony?

If there is, you will legally have to pay any missed payments.

Originally Posted by Unregistered Is there a court order for CS and alimony? If there is, you will legally have to pay any missed payments.

OUCH!.....that would hurt your wallet, if you could even afford a wallet! I look at that law is not fair, i was in a position to pay child support myself but I am done now, i'm 38 my daughter is now 21 graduating in college this year 08 of this month May...thnkfully has my genes from my side of family inluding I went to college! We had her since when we were high school lovers that ended when she was 3 years old. I was paying child support, working going to school and even when I graduated on top of that paying my school loan for ten years and 18 years of support...It was tough but I had a balance of 4 thousand left of arrears paid off after 4months payment of 500 dollars volunteered, they wanted lesser but I wanted to get it over! But even during her childhood I was being deprived of seeing her, it was tough for me. I was paying c.s. with insurance balance of 750.00 a month plus 100.00 of my school loan and on top of that my rent and own expenses, had two jobs and donating my blood for money just to make it! but am glad I sacrificed and kept myself together, if not i'm sure I would of been still paying!

Had you acted immediately, you may have been able to get a temporary reduction by demonstrating to the court that your reduction in income was beyond your control.
At this point in time, arguing this case would be more difficult simply because of the time that has passed.
So yes, you are most likely liable for both child support and alimony, regardless of whether you were employed.

just curious, how long were you married?

You should pay what you are ordered to pay whether you are employed or not.

Your child is your responsibility and it is not their concern whether you can hold a job or not. They aren't a bill, they are your flesh and blood.

Before you get all defensive, know that I am a divorced father.

NEVER fault on your support payment. Work the crappiest job you have to to pay it. Your child is more important than you are. If you don;t believe that, then you are a horrible father.

Good points, but let's not get overly judgmental on the basis of a few posted sentences.

Fair enough.

Actually, if you are unemployed, then your spouse is the one making the most money and hence she owes you child support.
Child support is different from alimony. Whatever is agreed upon during the settlement can be changed at anytime to reflect the actual income level of both parties. And it goes both way.

Now, you'd have to go thru the hassle of getting the adjustment worked out thru the legal system and it would most likely cost more in lawyer fees than it is worth. And all the money wasted on lawyer could go instead toward paying for an education for the child. So the best would be to work it out outside of the court.

Originally Posted by Unregistered Actually, if you are unemployed, then your spouse is the one making the most money and hence she owes you child support. Child support is different from alimony. Whatever is agreed upon during the settlement can be changed at anytime to reflect the actual income level of both parties. And it goes both way. Now, you'd have to go thru the hassle of getting the adjustment worked out thru the legal system and it would most likely cost more in lawyer fees than it is worth. And all the money wasted on lawyer could go instead toward paying for an education for the child. So the best would be to work it out outside of the court.

Not true. Regardless of whether the non-custodial parent is unemployed, if a child support order has been issued, they still owe child support. The custodial parent does not owe child support to the non-custodial parent.