Additional Child Support Judgment - Help!

[Niemart]

What is the name of your state? IL
This is for my sis' who lives in PR. She's married with one child. Her husband has an ex-wife and child (17). Hubby has been paying CS since their divorce 16 years ago ($400 monthly). The ex has gone after him for every possible thing, even though the 17-year-old is insured thru his father's insurance. She looks for him to pay for the out-of-pocket that the dental didn't pay for his braces ($900). She looks for him when the kid needs a new uniform. She's been living with a man now for more than 5 years who WORKS, and yet she still continues to look for another way out. Now she wants him to pay additional CS for "extra curricular" activities. The court placed a judgment on him and deducted an additional $400 from their account. It has left this family with a baby with only $300 for this month. The deduction took place last week, but the judgment letter was received just two days ago. The hubby works for a large company in the U.S. and travels extensively to and from the U.S. The wife (sis') doesn't work and is taking care of the 2-year-old. We all know you can't pay 1/4 of rent with $300, so how do they feed this child and deal with this mess? I thought that modified child support payments can be made if it's within reason, but the 17-year-old has insurance, has child support and has someone else to pay for extra curricular activities. Now what does he do for his wife and 2-year-old? I was told by a paralegal that turnaround time to challenge or hear a case is 2/4 months. So the extra curricular activities are in place and a wife and 2-year-old should suffer because of it? Please help soonest!

 

[Silverplum]

What is the name of your state? IL
This is for my sis' who lives in PR. She's married with one child. Her husband has an ex-wife and child (17). Hubby has been paying CS since their divorce 16 years ago ($400 monthly). The ex has gone after him for every possible thing, even though the 17-year-old is insured thru his father's insurance. She looks for him to pay for the out-of-pocket that the dental didn't pay for his braces ($900). She looks for him when the kid needs a new uniform. She's been living with a man now for more than 5 years who WORKS, and yet she still continues to look for another way out. Now she wants him to pay additional CS for "extra curricular" activities. The court placed a judgment on him and deducted an additional $400 from their account. It has left this family with a baby with only $300 for this month. The deduction took place last week, but the judgment letter was received just two days ago. The hubby works for a large company in the U.S. and travels extensively to and from the U.S. The wife (sis') doesn't work and is taking care of the 2-year-old. We all know you can't pay 1/4 of rent with $300, so how do they feed this child and deal with this mess? I thought that modified child support payments can be made if it's within reason, but the 17-year-old has insurance, has child support and has someone else to pay for extra curricular activities. Now what does he do for his wife and 2-year-old? I was told by a paralegal that turnaround time to challenge or hear a case is 2/4 months. So the extra curricular activities are in place and a wife and 2-year-old should suffer because of it? Please help soonest!

Three things:
1. Tell your sis to see a family attorney in PR. Many attorneys give free initial consults.
2. No one is responsible to pay for a child other than the child's actual parents. Looking to the boyfriend to pay is unacceptable.
3. If "the court placed a judgement on him," then there were court proceedings that he must've ignored. His fault.

 

[Niemart]

Reply to your 3 points.

Understood your points but you didn't understand mine.

(1) An additional $400 monthly for extra curricular activities? In a public school? What about the "current family?" Do the courts have any sympathy on them?

(2) How soon can such a case be heard or challenged?

 

[ezmarelda]

Understood your points but you didn't understand mine.

(1) An additional $400 monthly for extra curricular activities? In a public school? What about the "current family?" Do the courts have any sympathy on them?

(2) How soon can such a case be heard or challenged?

reply to reply 1...as to the "current family" The courts figure that if you can not pay for the "first" child you should not have more.

 

[Silverplum]

Understood your points but you didn't understand mine.

(1) An additional $400 monthly for extra curricular activities? In a public school? What about the "current family?" Do the courts have any sympathy on them?

(2) How soon can such a case be heard or challenged?

Oh, I understand all right....
Hre's the deal. We don't know in which state the divorce occurred; we don't know what the financial arrangements of the divorce were, or if any modifications have occurred since and what those were, precisely; we don't know which state currently administers financial matters between the parents. A lot of unknown factors.

Generally, no, the courts do not have "sympathy" toward the "current family." The parent knew they already had financial obligations and previous children and chose to take on more child/ren and more financial obligation/s. That's choice. So there's no "sympathy."

I don't know how soon the case can be heard -- depends entirely upon local courts, attorneys, etc. Lots of unknowns again.

I don't even know if it CAN be "challenged." That depends in part upon whether or not Dad just blew off the hearing. It also depends upon the age of emancipation in the unknown state of divorce -- probably the case won't be heard, if it is heard at all, before the kid ages out of CS.

 

[Niemart]

Your Responses

Fair enough. Thanks to each of you and your responses. And thank you for creating this amazing website! I'll be sure to pass it along to others in need. I just hope I never need it for my own personal use!

Much appreciated,

Niemart