Child support modification question???! Help

[roszee]

Hi Ladies,

I am hoping that someone out there can point me in the right direction.

Summary:
Ex is in contempt for non-payment over the past 2.5 years. After 3 continuances (after 4 continuances then they will put him on probation/warrant) he filed for a modification stating he estimates his income to be 1100/mth and has 635/month in rent. his income is from side jobs (he actually owns this business) He owes 26000 in back support and wants to set repayment at no more than $30 per month.

Am I stuck with this?
Can I ask for proof of bills ect?
Do I have to agree with the back support repayment plan?
I am signed up with child support services but he has managed to slip through the cracks for over 2 years!

Any advice, or experience shared will be greatly appreciated!

 

[Tressed]

Who did he file for modification through? Is it court ordered child support? If it is through the courts, the Judge will make a determination, once he/she has taken into account the finances of both the custodial and non-custodial parent, which cannot be modified again unless the financial circumstances change.

Here in Georgia, IIRC you have to wait 3 years to modify a court order that has been established. Your State may have a similar provision.

 

[roszee]

Who did he file for modification through? Is it court ordered child support? If it is through the courts, the Judge will make a determination, once he/she has taken into account the finances of both the custodial and non-custodial parent, which cannot be modified again unless the financial circumstances change. Here in Georgia, IIRC you have to wait 3 years to modify a court order that has been established. Your State may have a similar provision.

It is court ordered and he filed through the courts. He has had it lowered in 2010 to $444 now he is asking again even though he hasn't paid.

 

[Tressed]

It is court ordered and he filed through the courts. He has had it lowered in 2010 to $444 now he is asking again even though he hasn't paid.

If he's not met the existing order, the Judge will not rule for a downward modification unless there has been a drastic change in his finances. If he's earning more, it could be increased.

 

[*CherryPie*]

Don't worry girl. Most of those judges/courts do not play when it comes to child support. They will not lower it especially since he is not paying and is not current...and he will have to prove his income.

 

[afroette]

The law of a child support modification is dependent on the state. Without knowing the jurisdiction, more cannot be said. It is likely that the court will not look favorably upon someone who hasn't paid and who hasn't in good faith sought employment.

Sent from my iPhone using LHCF

 

[roszee]

I hope it goes well. I'm so beaten down about it...I do not want to go. His paperwork says he estimates his income is at 1100 a month. He owes 26000 and hasn't paid in the last 2 years. He is also asking for the back child support repayment not to go over $30 a month. At that rate he will die before repaying me. Case is in California.

 

[bklynbornNbred]

Don't get down get even. You have his SS number. If he won't pay directly then file whatever you have to and make his life hell. If he's owed a tax refund let him file then be mad when state and federal gets sent to you. Put liens on everything. He's not doing you a favor you're fighting for your child. Spartan up!

 

[afroette]

http://statelaws.findlaw.com/california-law/california-child-support-modification.html

http://www.courts.ca.gov/1196.htm

Some links on child support modification. I'd get an attorney to assist. If you cannot afford one, the legal aid society might be available. Alternatively there could be a family court clinic that offers free advice. I volunteer for one in Manhattan, and we tells people what to file, how to file, what to consider in their arguments, where to find additional support, etc. I'd call the Family Court in the county where petition was filed.

Consider ways in which you will respond to his petition such as seeking enforcement of the back seat support and opposing his current petition. It's important that you respond within the time requirements or you may forgo the opportunity to challenge him.

Good luck!

Sent from my iPhone using LHCF

 

[roszee]

Well ladies it was lowered to 100 per month. I'm so disgusted. Time to move on and forward.

 

[hopeful]

Well ladies it was lowered to 100 per month. I'm so disgusted. Time to move on and forward.

I'm sorry to hear that roszee It's hard to imagine a grown man, a father, being okay with giving his own child only $100 a month. It's shameful. But yes, you just keep moving forward. You will be fine.

 

[Tressed]

Well ladies it was lowered to 100 per month. I'm so disgusted. Time to move on and forward.

The only cases I've ever known for a delinquent non-paying court order to be modified downward like that, is dire financial hardship/illness/injury, or if the non-custodial has other children. If dude is not ill or injured, the Judge usually will not modify. They don't care if he shovels **** to make paper, and lives in a rented room as long as they are in compliance to the court order.

OP does your non-custodial have another child/children that you know about? If you don't know about it...that may be exactly why he was able to get the support modified, the court may be taking into account his support of another child/children.

Years ago, I was in a courtroom hearing the case of a woman whose non-custodial had fled from NY to Atlanta, dude was only paying $100 a month for two kids in NY! The Judge said to him..."I pay more than $100 for chew toys and dog food for my dog monthly"! Right before she increased his support to $1,000 and sent old boy to the chain gang...oh yes, we do STILL have chain gang in Georgia. Apparently, he had a felony charge he got caught on and he was a fugitive (most wanted) on the child support case. He had work chain gang and send every cent he made to his kids.

 

[hopeful]

Yes, I was thinking people spend $100 a month on Starbucks.

 

[bklynbornNbred]

I'm sorry to hear this but remember it's one hearing. Don't get down as if he's won the war. Karma is patient. Do what you have to for now but don't give up hope.

Did you have a lawyer with you? Find a support group that may have resources/referrals to lawyers in your state. If your child's father has the resources you claim he can't hide them forever. Be a tick on his behind.

((HUGS ) )

 

[*CherryPie*]

I'm so sorry to hear this OP. This kind of judgement almost never happens, especially since he wasn't paying and wasn't current. What a lousy dude. I cannot call him a man.