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Will this look bad on him?

My ex owes me over $8,000 in back child support from not paying child support for the first 2 years. Now when it was ordered, he said he could afford to pay it and that all he could afford to pay was $20 a month. Now we are going back to court because he wants more visitation even though he is not around due to his job (military). Here's the kicker, the man who couldn't afford to pay anymore then $20 a month on back child support retained a lawyer. I found out that the retaining fee for this laywer is $2,500 and then there are more fees every time he does something for him. Guess what, I can't even afford a lawyer until he pays his back child support! Do you think if I point this out the judge pay hold this against him? I mean I know everyone has right to legal representation if they want it but I think he should have to pay off his back child support before he goes and hires a lawyer to help him get more visitation that he won't even take advantage of.

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JLS2388

Asked by JLS2388 at 9:37 PM on Jan. 10, 2011 in General Parenting

Level 25 (25,280 Credits)
Answers (27)
  • I don't think him hiring a legal representative will look bad on him for not paying, but you should be talking to his CoC about him not paying child support. He can get into trouble for not paying up. If he does take it to court he will also have his CS amount raised, because it will be based on his income and not what he "says" he can afford.
    Razelda

    Answer by Razelda at 9:39 PM on Jan. 10, 2011

  • I would point it out, BUT payment of child support has nothing to do with custody. They will not take into account his non payment when deciding on custody. If you have any other reasons why your custody agreement shouldn't change I would focus on them.

    skittles1108

    Answer by skittles1108 at 9:40 PM on Jan. 10, 2011

  • I would diffidently mention that t the judge. Mention how he has money for a judge but he can't manage to pay for more child support a month. How is he only paying $20? You must have had a crap judge to issue that. My husband is in the military and we pay $200 a month for my step son.
    mommy_of_two388

    Answer by mommy_of_two388 at 9:40 PM on Jan. 10, 2011

  • No, in fact they prefer for people to come to court with a lawyer.
    ohwrite

    Answer by ohwrite at 9:43 PM on Jan. 10, 2011

  • @ Mommy - Lol, my ex pays 600.00 a month. I was wondering the same thing!
    Razelda

    Answer by Razelda at 9:44 PM on Jan. 10, 2011

  • No, he pays $400 a month for child support. The $8000 is the back child support because he didn't do anything for the first 2 years of her life, then wanted to go to mediation to set up visitation so I got him for the 2 years of child support. This was before he went into the military, now he pays like clockwork (the army takes it from his check) but he still says he can only afford $20 a month to pay off the back child support BUT he can afford a lawyer. I figure, if he can afford a lawyer, he can afford to pay more on back child support. I know it won't help me with visitation but I am hoping this might make the judge decide he can pay more a month towards back child support
    JLS2388

    Comment by JLS2388 (original poster) at 9:45 PM on Jan. 10, 2011

  • Ohwrite, I would love to hire a lawyer but I can't afford to as he owes me over $8000. For the first 2 years of her life I did EVERYTHING. I also had to stop working when I was pregnant because I went on bedrest
    JLS2388

    Comment by JLS2388 (original poster) at 9:46 PM on Jan. 10, 2011

  • I'm not saying that you should be able to afford a lawyer, unfortunately I've been in your position, your question was will it count against them, and unfortunately no it probably won't the fact is that courts prefer that people have lawyers. I don't think it's fair either, and I'm sorry that you're going through this.
    ohwrite

    Answer by ohwrite at 9:49 PM on Jan. 10, 2011

  • Well his taxes can be garnished for the back child support, i would look int having that done.
    mommy_of_two388

    Answer by mommy_of_two388 at 9:50 PM on Jan. 10, 2011

  • Well that sucks. I still don't think he will get more visitation because he is never around and he even came in town over the summer and didn't even tell me he was here so he could see our dd. At first I thought he was trying to set me up, you know, come in town, not see my dd then go to court and say I wouldn't let him, so I msged him saying I heard that he had been in town in June, he denied it so I guess not. I am thinking he just wanted party time
    JLS2388

    Comment by JLS2388 (original poster) at 9:53 PM on Jan. 10, 2011

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