My ex is currently being ordered to show cause in court and for the state to intervene into the child support case. We have a court hearing in 2 months. He will owe 20,000.00 by that time "all in past child support ordered by the court"
Then he filed a motion to modify child support, and is serving me today or his wife is "which the court said was legal" Anyways, he is trying to lower it after donig NOTHING for 2 years. Will he get away with it? He is not working and has not worked or given me any money for 2 years?
I am no longer working as it's more expensive to pay daycare, my husband is supporting all of us i take care of the kids 24/7.
The past child support was based on him working 12.00 an hour, and me 5.25.
Mind you 1,000.00 of the 20 grand is JUST INTEREST
What will the judge do to him in court for even trying to lower it without having a job? What will he say about me no longer working and i have FULL CUSTODY btw. he just has supervised visits.
2007-10-10 03:36:22 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The answer really depends on a number of factors. First, this is a state matter, and states have different rules regarding when child support can be lowered. Many states have adopted Uniform Child Support Enforcement rules, which attempt to standardize when and how support can be ordered/modified, etc. In an individual case, it would depend on whether and why he is not able to pay. For example, if he becomes medically disabled, then it is likely the judge will modify the order. If the company he worked for was a specialized and moved out of the area and there is no alternative similar employment so that he has to work at Mc Donalds on second shift, there may be a reduction. However, if he is a lazy bum or is just trying to avoid the order to pay support, then it is probably far less likely the judge will modify. If he has not paid a dime in two years and yet can afford to get married, maintain a home, etc., it seems quite improbable the judge will modify (at least until he is current in his support). Keep in mind that failure to pay child support is a jailable offense in most jurisdictions. Seek the aid of whatever child enforcement agency is available in your area (usually listed under social services).
2007-10-10 03:57:34 · answer #1 · answered by Christopher B 1 · 2⤊ 0⤋
Every Judge is different, but i can say that non-payment of child support is sometimes cause to serve jail time (however, i don't see what good this does, because if a person is in jail, how can they work?).
If your husband was working at one time, why didn't the child support bureau take the child support owed directly from his paycheck? this is standard practice, it's not the 1800's anymore.
Apparently, your husband has issues if he has to have supervised visitation. Maybe he's unstable and perhaps has problems making a steady income? You didn't say. Lots of people walking around on this planet who don't seem able to keep a job for one reason or the other... mental illness such as depression, etc..
I agree, a father needs to help raise a child, financially as well as emotionally. Seems the father of your child(ren) isn't able to do these things for some reason.
Take care, and i hope it all works out.
2007-10-10 03:56:48 · answer #2 · answered by letterstoheather 7 · 2⤊ 0⤋
There are many variable in your case. He will more than likely be court ordered to find a job or face jail and suspend his license. The fact that you are no longer working also play a factor in you case also cause your order had you working at the time. He more than likely will get it dropped a bit, but I think he will still owe you the back child support, because he is just now modifying it. How many times his visits with the child also is a factor. I would seek legal counsel.
2007-10-10 04:14:55 · answer #3 · answered by cutie_smarty_pants 2 · 2⤊ 0⤋
Most likely it will be modified. It is both of your responsibilty to pay for your child. First off, what is wrong with you working evenings or weekends when your husband is home? Why is it ok for you to be unemployed but not ok for your ex. Try taking some courses and get certified in somthing, so you can make more than $5.25. What kind of example are you setting for you child? Im sorry, but it is time to grow up!
2007-10-10 03:49:54 · answer #4 · answered by jewls011 3 · 3⤊ 2⤋
if you don't go, and he testifies that he never had sex with you and is not the father, you will not be there to call that into question, so the court will grant the motion. If you are there, and you testify that you believe him to be the father, then the court will order a DNA test to find out.
2016-05-20 23:08:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋