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My ex has served me with papers to reduce child support. How do I prepare for court?

My ex is taking me to court to reduce child support for 4 children.

The Nuts and Bolts:
- he makes $8K less a year than he did at the time of the divorce settlement
- he wants me to pay for afterschool child care that he requested to do at his home because he could not afford formal afterschool care
- He wants me to pay back money that he gave me in the initial stage of separation when he was not paying any childsupport at all. There was no agreement in writing that the money would be paid back.
- Although he agreed to pay 2007 tax bill, he doesnt want to and wants to be relieved of the burden. (Side note: I have been paying the tax bill with no help from him....so not sure why he's even brining this up!)

My questions:
1) How do I present my side
2) Do I need to have a paralegal draw up a response?
3) What is the possibility that the judge will reduce child support and relieve my ex of our joint tax bill?

Answer Question
 
jbell19

Asked by jbell19 at 3:15 PM on Jun. 16, 2011 in Money & Work

Level 3 (20 Credits)
Answers (7)
  • I suggest you get a lawyer there is too much at stake here to do anything else.
    older

    Answer by older at 3:19 PM on Jun. 16, 2011

  • Well he might just be in a pickle,, there is nothing he can do about the money he gave when you were seperated, so that is a no-issue,, You do need someone to draw all of this up for you,, the good news,, he is 1/2 responsible for the tax bill! He may get a slight reduction in the child support, but you can demand that he pay for 1/2 of the afterschool care and move it to a place that will allow you to report it,you can also ask that he pay 1/2 of all school lunches, and 1/2 of all acitivitie,, if he was smart, he would leave this alone, you can also show that even though he makes less inflation is at an all time high, and you might evern get an increase,, Iam sorry I just can't seem to type today!
    kimigogo

    Answer by kimigogo at 3:21 PM on Jun. 16, 2011

  • A lawyer can definitely help you out with this. I'm sorry...it would take me awhile to type all the ins and outs of that situation. I know that more and more people are going to court these days to have child sup reduced because of these jobless / difficult times so far.
    Food prices, gas and living expenses are UP for one thing. So, him reducing support will be harder on you which I don't think a judge will go for....
    KellyGirl_TX

    Answer by KellyGirl_TX at 3:23 PM on Jun. 16, 2011

  • Sounds like he has made a list of all his hardships due to less money etc
    You do the same except go the other direction....how hard things are raising 4 children on your own with everything INCREASING etc etc... start with a list of reasoning it out....?? Above poster was right about the no agreement on the money paid back during seperation.
    KellyGirl_TX

    Answer by KellyGirl_TX at 3:27 PM on Jun. 16, 2011

  • His support could be lowered since his income is less. I can't see him getting money back he paid you or getting out of the tax bill. Good luck.
    Anonymous

    Answer by Anonymous at 3:36 PM on Jun. 16, 2011

  • If he makes less money, they will probably reduce child support. However, no, he will still have to pay his share of child care and you won't have to pay anything back. If there was a written agreement for the 2007 tax bill, I would sue for half of what you have already paid and for him to pay half of the remaining balance. It would be great to have a paralegal draw this up, less expensive then a lawyer
    JLS2388

    Answer by JLS2388 at 3:39 PM on Jun. 16, 2011

  • But it would prob be a very slight decrease in CS.
    JLS2388

    Answer by JLS2388 at 3:40 PM on Jun. 16, 2011

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