Ex-husband trying to reduce child support: What can my argument be?
This is a discussion on Ex-husband trying to reduce child support: What can my argument be? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My ex husband was fired from his job due to being intoxicated at work, and is now trying to reduce ...
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#1 |
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My ex husband was fired from his job due to being intoxicated at work, and is now trying to reduce his child support payments because of it. Does he have a case? What do I have to present in order to stop it from happening? What can my argument be?
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#2 |
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You can argue until you are blue in the face but the facts are this:
If his income is lower now than it was when the cs order was put into effect, the child support will be lowered. Child support is calculated from his income, your income and the needs of the child. This is a basic formula that all states use. Google your state's child support calculator and enter the numbers. This will be very close to what you will get. |
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#3 | |
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Why don't you go out and get an education and a job so you don't have to rely on other people's money and be a deadbeat the rest of your life. It's so ironic that you types of women have the utter audacity to call men "deadbeats" when they're not sponging money off everyone else just for irresponsibly bringing children into the world. His petition is his alone. It does not require your attendance, input or involvement. If you wish to appeal it, you can do so AFTER he's had his day in court. If he's not making the same money, shame on your for sticking it to him. You obviously have severe anger and bitterness towards this man. Shame on you. You can't "stop it from happening" you idiot. He's ENTITLED UNDER THE LAW to have his child support amount reduced. If he isn't making money, how do you think he can pay it you birdbrain? Get a job, loser. |
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#4 |
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Unless you can prove that he is making more than he states he is, you can't do anything. Child support is calculated on three things: needs of the child, mother's income and father's income. If his income is zero or close to it, he can petition the court for a modification based on the facts that his income has dropped.
On the other hand, if you can prove that you have had circumstances arise that requires more financial help to raise the child, you can petition the court for an increase modification based on the facts of why you need more and what you need it for. |
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#5 | |
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#6 |
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Not really much you can do. He will get it reduced, unless he turns around and gets a job making just as much as he did before. Yeah, it stinks he got fired for such a stupid reason..but the court can't make him pay, what he doesn't make.
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#7 | |
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Courts CAN still require child support payments even if the non-custodial parent isn't working. Remember what's important here folks, the kids. The non-custodial parent still has a responsibility to the children financially. My ex-brother-in-law is now being charged with a felony for not paying child support for 10 years, even though he wasn't working. My wife's ex was still required to pay child support during the times he was unemployed (he had been laid off, fired for stealing, etc). The needs of the children do NOT change, especially when fired for something stuipd. Getting laid off would be different, as it may have happened if the parents were still together.
The courts also don't go by just CURRENT income, some don't go by income at all. When they go by income, they usually take into account the last few years. Some courts go by income POTENTIAL, otherwise, what would stop a non-custodial parent from not working at all just to spite the other? The job of the child support courts is to try to ensure the child's financial situation stays the same as if the parents were still together. Quote:
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#8 | |
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The issue here is that the father is unable to pay his CURRENT amount and is unemployed. How do you expect him to pay money he isn't earning? How is he supposed to feed, shelter and clothe himself? If he can't support himself, he cannot support anyone else. I do hope I've made that simple enough for even you to understand. Get off your defensive high horse and learn to read and comprehend before spouting off. |
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#9 | |
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It's called being a parent. And yes, you did indeed insinuate that he shouldn't have to pay. |
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#10 |
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Child support shouldn't go to the mother anyway. The father should be able to take the kids and buy them what they need (clothes, school stuff, etc) and NOT give the mother the money to squander away on herself for tans, hair, nails, etc.
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