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I'm divorced-can my child's father claim family hardship to get out of paying for child support?

My ex-husband is having serious family issues-he has a house, but has been living with his parents. His mom's sister has moved in from another state, she has cancer and might have 2 weeks to live *but* they aren't sure, she could be expected to live. His own father (who has been footing the child support bill because my ex-husband does not work and voluntarily quit his job) is out of work with a herniated disk so my ex-husband has been helping his aunt with toiletry issues, walking, standing and assisting his dad. His mom is working full time. My child support is ridiculously late (it hasn't been in the past) he has mentioned paying off his lawyer (from our divorce) and my gears are turning in my head thinking he might somehow be able to claim hardship or something of that nature to avoid paying child support. I'm new at all of this, so this is just my mind thinking, but has anyone been in a similar situation?

Answer Question
 
Anonymous

Asked by Anonymous at 3:48 PM on Jan. 8, 2010 in Money & Work

Answers (14)
  • He still will have to pay.
    officerdouglas

    Answer by officerdouglas at 3:52 PM on Jan. 8, 2010

  • child support is based on income, if he's working he has to pay. heck, even if he's unemployed, there is still a bare minimum. My ex still had to pay $90 a month even when out of work.
    Anonymous

    Answer by Anonymous at 4:02 PM on Jan. 8, 2010

  • they keep telling me my ex will have to pay - even though he's unemployed - but he's 2 years late and I haven't seen anything
    missanc

    Answer by missanc at 4:04 PM on Jan. 8, 2010

  • he still has to pay whatever the divorce says, whether or not he quit his job. it's a contract and it's finalized he still has to pay what it says. however, he can every three years (in mo anyway) get it checked and possibly reduced or increased depending on both incomes.
    angevil53

    Answer by angevil53 at 4:35 PM on Jan. 8, 2010

  • just depends on if he works on the books or off.....on the books most states can take right out of any kinda check..... if off books then he has to pay money himself.......so if he is working off books and not reporting it you need to file with DA office and give all info you know about his job.....sorry but its a long strugle when they pull this crap so dont count it in your budgeting.....good luck
    cara124

    Answer by cara124 at 4:36 PM on Jan. 8, 2010

  • so his dad has been paying for your kids?

    no, if he doesnt have a job.. you arent going to get anything. what do you expect.. 20% of 0 is????
    Anonymous

    Answer by Anonymous at 5:12 PM on Jan. 8, 2010

  • YES HE CAN---MY DD FATHER DID THAT AND THEY SET HER SUPPORT AT ZERO THAT WAS ALMOST THREE YEARS AGO AND NOW MY DS FATHER IS DOING THE SAME THING FRIST IT WAS $183 A MONTH, THEN $154, THEN $51, AND NOW HE IS GOING BACK TO GET IT LOWERED TO ZERO THE COURT DATE IN NEXT MONTH HE IS CURRENTLY $1200 BEHIND.......FUN FUN!!!!
    blue_glass_mama

    Answer by blue_glass_mama at 5:40 PM on Jan. 8, 2010

  • IM not sure how it is now. I do know my dad owes on me still. I am almost 24 even
    He would work here and there and as soon as they would find out he was working he would quit. My mom at times only got 50 ish dollars.
    Mrs.Owen86

    Answer by Mrs.Owen86 at 5:56 PM on Jan. 8, 2010

  • They can readjust the order if his pay has changed drastically. I HAVE heard of people filing bankruptcy on their child support and other bills...never just child support though.
    JamiDesigns

    Answer by JamiDesigns at 6:26 PM on Jan. 8, 2010

  • Depends on your state. If he is late contact a paralegal and get the paperwork filed to garnish his wages. Since he is not working, they will base the amount on his "earning potential" from his previous jobs/tax returns. It is possible that the state will start to pay you and it will accumulate for him as "back-child support". So that when he does finally get to work he will have to pay child-support plus a percentage of the back- child support until he pays it all back. For you and the kids, this would give you a steady income regardless of his work status.
    Niki_sd

    Answer by Niki_sd at 6:35 PM on Jan. 8, 2010

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