What if my husband goes back to court to have child support refigured because he has made $10,000 less per year, every year since their divorce three years ago. We have always paid the support on time even though it breaks us financially every month. we have kept searching and hoping he would find a job that would make the child support more feasible. His ex is the type that would try and retaliate by telling the courts she only wants him see to his son every other weekend. This will devastate him and even though we cant afford the support we pay now he doesnt want to contest it because he is used to being with his son 3 to 4 days a week. Can she really do that to him even though he has never done anything wrong except for be a good father and provide the best he can for his son?
2006-08-31 15:15:30 · 11 answers · asked by cali13 2 in Family & Relationships ➔ Marriage & Divorce
If the extra time he is getting is out of the goodness of his ex's heart then she can certainly take that away. It'd be a shame and cruel. But unfortunately that is the way a lot of people are.
2006-08-31 16:27:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Try going on your county website and see if they have a form to download to fill out for reduction in child support. Once you fill it out and send it in, the process here is having to go to mediation again to agree, which in this case, my b/f's ex didn't agree to the lower support. So then the financial statements are filled out again. She got an attorney, he dumped her, so its not been resolved yet. A year has past.....grrrrr..... In this state you have to make alot less to get a reduction. He pays 600.00 month for 1 child. If she is greedy she will fight the whole thing and its a real waste of time and money. He needs to inform the court he does have his son 1/2 the week and there is a strong possibly he could go after shared parental custody which means he stays with mom 1 week and then dad 1 week, BUT no one would have to pay child support. If she is about the money instead of the child she will fight that also. My ex and I did the shared parental and it was fantastic. We shared the buying of his clothes,medical and etc. He had a room at both houses. My son didn't want a parttime dad or mom we agreed to it. Even if your husband doesn't pay support the ex legally cannot keep the Dad from having visitation. ........ Good luck !!!!
2006-08-31 23:38:59 · answer #2 · answered by c k 2 · 0⤊ 0⤋
Hopefully he'll go back and have to make less payment. The court would not grant less visitation rights unless there was probable cause, I assume he's been a good father, doesn't bad mouth his ex in front of his son and doesn't get drunk or do drugs., etc.
Some women just use this support as an excuse to be lazy and not work, live off welfare, and probably has other kids from different men that's she's receiving support from.
I hope this works out for you, I'm dealing with the same thing here. My four yrs are up and the ex b_i _t _c _h is taking me back to court to have my financial status reviewed.
2006-08-31 22:38:01 · answer #3 · answered by John4no17 3 · 0⤊ 0⤋
You can go back to court and file a modification of support. This is a pretty common thing honey. Job losses happens, job changes, etc. If his court ordered support was set at what amount he was making three years ago and he's no longer making it, then he NEEDS to go back in and get it re-adjusted.
As for the ex...well, you can rest easy on that too. Child support and visitation have nothing to do with the other in the court of law. She cannot refuse visitation, and if it's a concern, your husband can mention it in court and the judge will give the mom a stern warning in regards to interferring with visitation. He sounds like a wonderful man, as well as you making a nice step-mom. If the ex begins to violate the court order for visitation after the reduction in child support, you and your husband can enforce that by filing contempt motions. Enough of those, and he'll stand a really good chance of obtaining placement.
As for the ex getting mad about this? I wish had some words of wisdom for you, but there aren't any. His ex is not going to like to have money taken away from her, especially if she depends upon it. However, it's not about her, it's about the child and you and your husband are doing exactly what you need to be doing....keep it up!
2006-08-31 23:28:57 · answer #4 · answered by Hollynfaith 6 · 0⤊ 0⤋
Visitation and child support are two different issues, therefore The "ex" cannot punish your husband if he gets the child support obligation reduced and keep his child away from him!-- If she does then he should take her to court for visitation and have a Judge sign a court order giving him visitation rights....
If your husband's income has dramatically reduced since the last child support order was entered then he should go ahead and file for his motion to review and reduce the child support order because of a change of his income-- usually a parent a can file for motions whenever there is a change of circumstances (that can mean having another child, losing employment, change of income, etc) I don't see a problem with any judge reducing his support if he has always paid his support on time, the day of the hearing make sure your husband brings to court copies of his W2 forms confirming that his salary has decreased along with copies of his latest pay-stubs.
2006-09-04 21:24:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I was married to an evil biatch who only wanted money too.You are bringing back memories. Anyways, Child support will probably lessen the monthly payments. According to your story ,Your husband already has 50/50 custody.If the visitation of his kids have been like this for years.An attorney Can help you and provide the judge proof and information to lower the child support. His ex wife or girlfriend will probably try to counter it.
As of man who used to pay child support.
I have full custody of my 2 kids for 3 years now and my ex wife hasn't given my kids and I a penny.
2006-08-31 23:10:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Child support payments are not linked to visitation. The fact he makes less is not related to his abilities to be a father. The only way she could argue and win on less visitation is if she can show a valid reason. If she can't show a valid reason....the courts will see it as retaliation and they won't go for that.
Good luck.
2006-08-31 23:05:10 · answer #7 · answered by Tony 4 · 1⤊ 0⤋
No, she can not change the visitation because of the child support status. If she ever changes the visitation to once every week or 2 weeks...He can file a complaint with the court if she does change it. She can not make it a money issue, legally.
2006-08-31 22:35:03 · answer #8 · answered by vicares53 1 · 2⤊ 0⤋
I am no lawyer. but I believe the answer is no. she can't do that unless she proves that he isnt a good dad. I am divorced and we had to go to a parenting class which is required to get a divorce where i live and they said that even if the other does not pay child support that does not mean that they can not see there child. Csupport is not paying to see your child it is a right unless otherwise said. My ex doesn' even pay childsupport and I let him see his kids...Its too bad the ex doesn't relize how important a dad is in her childs life to threaten not letting him see them as often as possible....I wish you guys luck!
2006-08-31 22:41:16 · answer #9 · answered by jessdjnick 4 · 1⤊ 0⤋
tell him to go back to family court and file for an adjustment she cant tell the judge how often she wants him to see the child its up to the judge and yes if his income is less they will come down somewhat on what he is paying now
2006-08-31 22:31:01 · answer #10 · answered by teresa d 4 · 2⤊ 0⤋