My ex-husband is trying to lower his child support payments. How do I stop him.?

Question

My exhusband has just i formed me via email that he will be writting a letter to the DA to drop the amount he pays in child support. Does he have the right to do that? It isn't enough now how do I block this from happening.

Answer 1

Of course he has a right. Circumstances change. The court decides if it's enough or not - not you.

Answer 2

You do not have to block anything. If he is paying through a child support agency, his payments to you are based on his pay and his living costs. He cannot lower them himself only the courts can do that and they will not change his payments without just cause. Say for instance he was unemployed then yes his payments would be re assessed and lowered, then again if he was earning more money now than when you first starting receiving payments, that would also be re assessed and the amount you receive would go up. Also if he now has other children that he pays for his payments to you would probably be lowered. Don't stress about it too much yet, wait and see what the court says. Best of luck to you

Answer 3

Just like a woman has the right to request a modification when she finds out her ex makes more money (so she can get more child support) - so does the ex husband have a right for a modification should he make less money than what he did when the child support order went into effect.

It's nothing you can stop because they will look at both sides of the situation (if you work, if he works, childcare expenses, etc) and adjust according to the state law where you live.

Most states have a website you can go to in order to get an idea of what you "may get".

Answer 4

You cannot stop him from requesting a change especially if his circumstances has changed financially his case will be looked at closely and the Da s office will set a hearing and the judge will discuss along with him and his attorney and it will then be decided by the judge if the support will be adjusted higher or lowered neither you nor your childs father has any say only the judge will decide good luck hope it works out for you.

Answer 5

He can write a letter, but that doesn't mean that his letter is going to lower his payments. He does have a right to do that and there's no point in stopping it. He's just asking. Now, if the letter ends up making sense, then your child support may lessen, but even still, there's nothing you can do to stop it. I doubt that would happen though.

Answer 6

Well, he or you can modify your child support once a year. They will ask for all your expenses and his expenses and how much time each parent spends with the child and then determine the child support from there. Also take note that the more time the other parent spends with the child the less support he has to pay.

Answer 7

In order for him to do this he has to prove a change in his financial circumstances or an huge increase in yours. This is not easy to do and just counter by telling him that you will have his income sources reexamined to see if he should be paying his children more. These men don't seem to understand that these are their offspring and the money they pay to their former spouses is for the benefit of these children. If they were living with the children they would be contributing to their shelter, food, clothing, education, sports and hobbies. Just because they are no longer with the mother they think that they no longer have that obligation. Some men also feel that the mothers are spending this pittance on themselves. What a joke. I wonder how many of these father's would take custody full time of there children and not be whining for a huge monetary settlement from their ex wife.

Answer 8

Yes he does have the right to do that whether it's "enough" or not. Child support is usually based on a percentage of the non custodial parent's income. If the court sees it his way he CAN have it lowered and there is NOTHING you can do about keeping him from trying to lower it and NOTHING you can do to keep the court from lowering it if they feel it is necessary

Answer 9

He can do whatever he wants. That doesnt mean its going to happen just because he asks. He will have to file a petition to the court for a modification for child support hearing and of which you will be requested to be present in court. He will have to prove why his request should be granted and unless your financial status has greatly improved, he has no chance. So in other words, you have to do exactly nothing unless your status has changed, but I doubt it so you have nothing to worry about and let him spend his money trying. Good luck

Answer 10

child support doesnt even cover 50% of their expenses (any mother knows this), but the child support helps.

either parent can have the court review the support to have it 'modified' at any time, for any changes.

he can try, but it doesn mean he will be able to.

all states are different (slightly) about child support guidelines, so here are some links to help. one is a calculator. just click on your state and fill it in (states go by both parents incomes). this will give you a basic idea as to what the child support will be.

the other links; just click on your state and look for the section you need (child support, visitation, custody, etc). the last few are to help you.

mom of 4

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

http://www.supportkids.com/

http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html

http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/
http://www.salvationarmyusa.org/usn/www_usn.nsf
http://www.redcross.org/where/chapts.asp

Answer 11

You can not block anything. He has the right to drop the amount when his income drops, or when your income raises. Remember child support is a 2 way street, he is only responsible for 50% of what it costs to feed, cloth, and shelter your child/children.