Can she do that?

[lgm0103]

What is the name of your state? North Carolina
My husband has 2 kids from his previous marriage,10 and 8. In July he got hurt on the job. We kept up with the child support payments ($500) with his Workers Comp. check. When he finally got back to work in Oct., he was not given back his second job,(usually $4000 a month) which is where most of his money came from. From his 40 hr work week he only makes $350 a week compared to before where it was $1200 a week.We fell behind in Nov.. We filed bankruptcy at the end of Nov. due to him not having his second job. She has called saying that since he is not taking care of his kids, she will call an attorney and get him thrown in jail for not compling with the child support order (which was one they agreed on together, not a court ordered one). We are still paying her, $100 dollars a week, so shes still getting money.Should we be worried? How can we pay her the full amount when we cant make our own bills?

 

[rmet4nzkx]

File for modification due to the change in circumstances.

 

[stealth2]

If there's no court order for support, he doesn't actually have to send her anything. Are you SURE that it's not signed by a judge?

 

[LdiJ]

What is the name of your state? North Carolina
My husband has 2 kids from his previous marriage,10 and 8. In July he got hurt on the job. We kept up with the child support payments ($500) with his Workers Comp. check. When he finally got back to work in Oct., he was not given back his second job,(usually $4000 a month) which is where most of his money came from. From his 40 hr work week he only makes $350 a week compared to before where it was $1200 a week.We fell behind in Nov.. We filed bankruptcy at the end of Nov. due to him not having his second job. She has called saying that since he is not taking care of his kids, she will call an attorney and get him thrown in jail for not compling with the child support order (which was one they agreed on together, not a court ordered one). We are still paying her, $100 dollars a week, so shes still getting money.Should we be worried? How can we pay her the full amount when we cant make our own bills?

Realistically she can't just have him thrown in jail. Yes, that does happen but not unless someone has already been found in contempt of court and the problem is chronic. The fact that he is paying something helps.

He needs to file for a modification based on the changed circumstances.

However you also have to realize that the kid's needs don't go away because your husband's financial situation changed. Mom's household is probably hurting just as bad as your's at this point.

 

[haiku]

first things first, dig out whatever "agreement" your husband and ex came to, and find out if there is an actual child support order signed by a judge. And then come back here and tell us.