| My Exwife is trying to get Child Support from a Loan I already gave her money on.? I KNEW there was more to that story then she was telling. if the agreement was just between the 2 of you, you will have to go back to court and attempt to get the child support order modified. If it was agreed to in court, she will have to try to have the order modified. If this agreement was signed by a judge, she may have a very difficult time modifying it because the terms of the original agreement haven't actually changed. The loan was taken out and the payments are still due. Her failure to pay the FIRST mortgage is irrelevant, as it was not part of the original agreement.If this was something worked out just between the 2 of you, even if it was in writing, you have to follow exactly what the court order states while you attempt to have it modified. Unfortunately, that may be difficult. Agreements for child support done outside of the family court are not legally valid or enforceable. You may end up having to take the case to civil court if the loan was not included in the most recent child support order. |