Is no child support legal? And my dad’s divorce lawyer allegedly forged my dad’s electronic signature (legal malpractice). My mom, who has custody of my little sister, received documents stating that she needed to pay nearly $20,000. This is negligent child support from the years she didn’t have custody of me or my little sister.
My dad is outraged, because not only did he tell legal that he didn’t want the money, but he specifically told them NOT to press charges. Finally, there are these documents, which are electronically signed, but my dad says he did not and would not sign documents that demand money from my mom. I know that if the signature is forged that this guy will suffer for it, but what about the fees? Is is legally possible for the recipient of child support money to force the courts to require no child support from the other parent?
I think there is a very easy way for your father to resolve this civil enforcement matter. Typically he could not ask to modify child support retroactively. However, your father can reach an agreement with your mother resolving her past due balance. The money is owed to him, albeit for the child. He can accept a different amount from your mother, such as $100. He needs to acknowledge to ORS that he and your mother have worked out the past due balance.
Then he needs to submit a satisfaction of any child support judgment filed in the court. Then there will be no basis for the attorney general, or a prosecutor, if there is a criminal matter pending, to move forward against your mother. Although child support follows the child, the court does not step in to enforce child support obligations. Enforcement actions are generally driven by the party owed the money.