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-   -   My ex is suing to drop child support (http://www.diaperswappers.com/forum/showthread.php?t=1433990)

Beaners_Mom 08-20-2012 06:52 AM

My ex is suing to drop child support
 
We all live in NY.

I received papers in the mail on Saturday letting me know my ex filed papers to have support dropped as he's not working and hasn't worked for 2 years. He was paying support with his unemployment, but he exhausted that option. In the 2 years since he's been unemployed he's only put in 1 application (according to what he's told me).

Please tell me the judge is not going to order him to lay some ridiculous amount like $12 a week or something. He was paying $115 a week. I paid for everything for our DD. I sent clothes, toys, books, food, etc to his house for her 1 overnight visit a week. Other than that he rarely sees her, rarely calls her.

He lives in the house we bought with his girlfriend and his 3 kids (from his first marriage). He has to get money from somewhere because there's no way they pay all the bills and buy everything they have on just her income (she makes around what I do). He has 4 vehicles already and they just purchased a $20,000 vehicle (he says it's in her name, she has nothing to do with it, but that's the vehicle he's always driving).

If he claims everything he has, can the judge still drop support because he's unemployed? He chooses not to work. He claims he has back issues, but his doctor won't fix it. I say he's just really overweight and lazy (he's probably packed on close to 100 pounds since we split up 3 1/2 years ago). He's not on disability. When we went to court 3 1/2 years ago to set the support order, he told the judge it wasn't his problem that I was choosing not to work, so they factored in me working full time time at minimum wage as my income...even though my DD was under a year old & I was still nursing her. So I sold things on eBay, etsy, here and so on. I did what I had to do.

I cannot afford a lawyer...do I have any options here? Am I going to end up with nothing in court?

GreenHome Sewing 08-20-2012 07:54 AM

Re: My ex is suing to drop child support
 
I know in my state child support enforcement is a lengthy process.
He could be ordered to pay X amount of support and if he does not pay X amount you would be able to file against him. Department of Revenue can do things such as make his license non renewable until he pays past due support, make it impossible to sign loans/leases/etc. on any type of asset/property, and things like that. After several complaints, sometimes you can return to court and get the judge to mandate that he either returns to school for higher education, gets a job, or participates in some other approved activity.
In some situations, child support dodgers can even serve jail time, but again, it would be a lengthy process before you got there.

Many states have free legal advice call lines. Try calling around and seeing what your state laws are. I understand my state is a bit strict.
You could also try Department of Revenue, as they should be the ones making most of the decisions on the case anyway.

Beaners_Mom 08-20-2012 08:01 AM

We've been to court several times already. About 18 months ago the judge ordered him to complete a local employment program. He refused in the beginning..it drug on for almost 8 months...he eventually said he'd complete the class. I have no idea if he did. Either way it didn't help him find a job.

My biggest concern is him being able to drop the support because he chooses not work, not because he can't work. I don't think it would be fair to allow the support to be lowered or dropped because he'd rather sit home all day working on his cars.

I'm just extremely frustrated with the situation.

MDever 08-20-2012 08:02 AM

Re: My ex is suing to drop child support
 
He sounds pretty shady:yuck: I would like to think that the judge is going to laugh at his dumb behind. You should be able to have legal help throught he state. Here in Maryland that is very common. I hope it works out ok for you and your LO.

monkeymama07 08-20-2012 08:38 AM

Re: My ex is suing to drop child support
 
Im pretty sure what will happen is they will calculate his support at his potential income not his current income. Thats what happens in most cases I know of.

Beaners_Mom 08-20-2012 08:57 AM

Quote:

Originally Posted by monkeymama07
Im pretty sure what will happen is they will calculate his support at his potential income not his current income. Thats what happens in most cases I know of.

When he was working, he made $40,000-$45,000 a year. They calculated my potential income as being more than I actually make now.

I read on the website that it says they can backdate his support change to the day he filed, which I don't think is fair. I filed 9 months before I actually received a payment (he fought me on it) and the judge told me he wouldn't backdate it

abunchoflemons 08-20-2012 09:00 AM

Re: My ex is suing to drop child support
 
For his to go through I think he has to be current or yes mine lost his liscense but I'm not sure if my ex still tries to drive or not being so behind (10,000 plus). Same with pasports. I think judge will take into consideration all stuff in his name but it is hard if nothing there. Mine not have bank account anymore to levy which is another route ( even if conected to another). My ex chooses not to work but refunds can go to u for back support( I got some whether he files or not).csru in ny should help but takes 4ever & u got to b on them for everything. I was told he was going to court but they change people so my contact isn't valid no more. My fee is 25 unless title 19 recipient the last I knew. My sil has to pay 75 & she not works for 2 kids. If he's deamed ok by doc he is ordered to work. He can file when he isn't but that costs & if he starts making tons u can have it raised but lawyer gets it done faster. Its frustrating I know. I don't want to call when mine is around cuz she doesn't really know. Plus mine has another he prob not support too & state take that into account. My ex dad likes to do stuff in ex name & make lawyer fees go up 4 me.

ecomother 08-20-2012 09:12 AM

Re: My ex is suing to drop child support
 
Isn't there a minimum amount that can be paid, it can't go below that no matter what?

Beaners_Mom 08-20-2012 09:28 AM

Quote:

Originally Posted by ecomother
Isn't there a minimum amount that can be paid, it can't go below that no matter what?

Yeah it's like $12 a week or $300 a year...that's a ridiculous amount, especially when he lives in a $75,000 home and owns 5 vehicles

Fishie Kisses 08-20-2012 09:39 AM

Re: My ex is suing to drop child support
 
I have no experience with NY...but in TX (where my order was) the minimum is 20% of fulltime hours at minimum wage. My ex was out of work a LOT more than he worked and they would never drop it below $300/mo. It didn't matter cuz he never paid it anyway, but that is what was ordered


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