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I am going thru a divorce, and now, my ex doesn't want to pay the amount of child support he agreed to. He wants to see the 2 children more so he doesn't have to pay. He has even gone so far as to work less hours at his jobs, just so he doens't have the "income". Can he do this? He has always been too busy for the girls, working all the time, and I was the one who stayed home with them. He has been paying me, but an amount that is less than what he is supposed to. How can I get him to realize that no matter what, he's just being a jerk off about the whole thing.

2006-08-31 11:54:49 · 16 answers · asked by arizonakellie 2 in Family & Relationships Marriage & Divorce

He only wants to see them so he doesn't have to pay. I am NOT being greedy. He is a fireman in the town we live in, and he drives a cement truck. He makes good money. He left me with bills past due, rent, car insurance, I can't even catch up. He sold some property, and didn't even give me any money from it. (It was for that months rent) I have to move in with my sister because I can't afford rent.

2006-08-31 12:04:56 · update #1

16 answers

thats probably the best thing you can do, move in with your sister. you need to see an attorney and quit hoping you can place nice nice with this man as far as selling property and any thing else he is doing once you have him in court the judge will look at every thing ( they are not stupid to this game he is playing ) he can also be charged for your attorney fees. after that focus on paying off any debts as these will haunt you, the best way to pay your ex back is to be above the fray and rise from the ashes.
no matter how much time your ex spends with the girls he doesnt get a percentage of his child support back thats just him trying to get out of it......... this is a divorce lawyers dream, call around you might find somone who thinks they can charge him... focus on your girls and start enjoying life again, good luck<~~ from a man who tries never to act like your ex with my ex

2006-08-31 12:51:21 · answer #1 · answered by joe 4 · 1 1

Wow....this question sure has generated a lot of passionate answers. Here's my 2 cents for what its worth....

A father has a legal or moral obligation to look after his children. The state usually has a formula for figuring out how much he should pay based on his income. Unfortunately....you won't be able to get any more than that unless he willingly agrees to pay more.

At some point when the property is divided....in most states, you will get half of all the equity that was accumulated during the marriage....but you also get half of the debt. Hopefully you'll come out ahead.

Sticking you with the bills and rent was nasty. Having to move the kids just adds more uncertainty and confusion for the children. For that....he's a jerk!!!

Sounds like it's gonna get worse before it gets better. Divorces are always bad and messy....Good luck!!

2006-08-31 19:55:50 · answer #2 · answered by Tony 4 · 1 1

He's in contempt of court by not paying his ordered child support. He can go to jail for that. And as far as him voluntarily cutting back so he has less income doesn't work either. The judge won't look kindly on that.

Those kids are his responsibility too, and he needs to understand that child support is just that, and it is used to give his children a better life, provide a roof over their heads, food on the table, etc.

Good luck!

2006-08-31 19:30:06 · answer #3 · answered by Lady J 4 · 1 1

Since youre only going thru the divorce, the courts cant help you til the judge decides and the divorce is final. Then the support will be garnished automatically from his paycheck so right now youre at his mercy and just have to take what he gives you and be thankful for that. What you think of him has no bearing on what he does or is going to change anything. Just hope this gets into divorce court quickly and your support gets started legally. Good luck

2006-08-31 20:12:57 · answer #4 · answered by Arthur W 7 · 1 1

How would you feel if you had to pay him the support.......you'd put up a fight if the shoe was on the other foot. If I had full custody of the kids, I wouldn't take the B i t c h es money. That's all you women worry about is money, maybe he worked all the time to get away from you. You should be happy he wants to spend time with the kids and be in there lives, because there really are dead beat Dads out there who want nothing to do with their kids. The way they figure the support just plain sucks. It should be split down the middle 50/50, because when he does get to see the kids he has no money to take them anywhere or do stuff with them.

2006-08-31 19:11:25 · answer #5 · answered by John4no17 3 · 0 2

Most states today have a child support enforcement division of the Attorney Generals Office. Contact them. They can force him to pay by garnisheeing the portion of his check that is necessary to pay the child support. You do not need an attorney for this. Please be careful and stay within the court ordered visitation schedule. Him seeing the children more does not change how much he has to pay.

2006-08-31 19:07:07 · answer #6 · answered by Anonymous · 1 1

If you already have a court order have the state enforce it. If you do not have a court order yet - request that they use his last years taxes to base child support - in most states it does not matter how much time a non custodial parent spends with the child they still have to pay even when its split 50/50.

2006-08-31 19:03:46 · answer #7 · answered by middle aged and love it 3 · 2 1

If it is a COURT ORDERED amount, then he HAS to pay it to you. However, if his income drops, say if he works less, than he can file to have child support lessened, especially if he sees them for more days/hours.

You just said he wants to see the two children more so he doesn't have to pay.

Honestly, you're COMPLAINING because he wants to spend more time with the kids? So many men out there don't take ANY responsibility.

Maybe he actually DOES want to see them? Of course it's a nice perk that he would pay less, but maybe he does want to spend time with them.

2006-08-31 19:06:04 · answer #8 · answered by AnswerMom 4 · 1 2

NO -- it will become obvious -- they will LOOK at his previous year's work hours -- and compare to the current hours -- if you have the records or the previous tax return -- BRING it with you and make sure the Mediator has a COPY before you leave their office. The amount of time is different from Child Support -- that is going to be a separate process.

2006-08-31 19:54:03 · answer #9 · answered by sglmom 7 · 1 1

Hey, dont be dumb and let him get away with it. Go to Child support and go to court when you have to and make him pay what he has to pay. Dont let him spend that money that belongs to your kids on something else or even someone. I have a child too and her father his supposed to pay me 10% of what he gets, so most likely you'll get more than that just because you have more kids. Dont let him get away with it, 'cause later on he's not going to give you anything. I know money isnt everything, but it really helps on rough times. Good Luck. :)

2006-08-31 19:19:46 · answer #10 · answered by BABYFACE 1 · 1 1

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