What is the name of your state? Pennsylvania
My ex-husband and I originally agreed on a child support payment instead of going through the court-system. He had what we thought to be a stable job and we actually agreed on something, so we had the papers drawn up. Around Christmas-time of last year, he "hit bottom" with a drug/alcohol problem that he did a decent job of hiding from everybody for years**************... and was suspended from his job for 5 weeks - meaning I got no support payments during that time. He went back to work and told me he would arrange to make up for the unpaid support - he never did. In April, he was fired from his job and hasn't been working - or paying me any support - since. His vehicle was reposessed, he owes thousands on credit cards, utilities, etc. He recently sold his mobile home (since he's living with his parents free of charge) and hasn't paid me anything.
This is what our papers say about modifying the support payments:
"Husband hereby agrees to pay Wife the sum of X for child support, which shall not be subject to any type of adjustment for a period of 3 years unless a substantial change in Husband's financial circumstances should occur during that time period. Following the 3 year time period, child support shall be subject to modification either by mutual agreement of the parties or by the Order of Court following petition of either party."
He and I disagree on what that actually means - he thinks it means that if he has a change in his financial status, that he can decide to not pay. I read it to say that if he has a change in his finances, he can petition to have it changed**************.... and he still owes the money we agreed on until it is formally changed.
Any thoughts on what it means, what I should do now, when I do what, etc**************..... If I do nothing, does he continue to owe or is he right and since he has no income he doesn't have to pay or does he only owe for the 5 weeks that he could have made up for when he had his job back?
I'm so confused, and my daughter has just become one more of his creditors - and it's not fair! I still abide by the visitation portion of our paperwork, but I'm currently cutting back his time to the bare minimum.
Any help would be greatly appreciated - I've never been in this situation before and want to do right by my daughter - I was left with a very large mortgage, bills, etc, and it's hard for us to get by (but I guess that's most of the situations here).
Thanks!!!
Pam
My ex-husband and I originally agreed on a child support payment instead of going through the court-system. He had what we thought to be a stable job and we actually agreed on something, so we had the papers drawn up. Around Christmas-time of last year, he "hit bottom" with a drug/alcohol problem that he did a decent job of hiding from everybody for years**************... and was suspended from his job for 5 weeks - meaning I got no support payments during that time. He went back to work and told me he would arrange to make up for the unpaid support - he never did. In April, he was fired from his job and hasn't been working - or paying me any support - since. His vehicle was reposessed, he owes thousands on credit cards, utilities, etc. He recently sold his mobile home (since he's living with his parents free of charge) and hasn't paid me anything.
This is what our papers say about modifying the support payments:
"Husband hereby agrees to pay Wife the sum of X for child support, which shall not be subject to any type of adjustment for a period of 3 years unless a substantial change in Husband's financial circumstances should occur during that time period. Following the 3 year time period, child support shall be subject to modification either by mutual agreement of the parties or by the Order of Court following petition of either party."
He and I disagree on what that actually means - he thinks it means that if he has a change in his financial status, that he can decide to not pay. I read it to say that if he has a change in his finances, he can petition to have it changed**************.... and he still owes the money we agreed on until it is formally changed.
Any thoughts on what it means, what I should do now, when I do what, etc**************..... If I do nothing, does he continue to owe or is he right and since he has no income he doesn't have to pay or does he only owe for the 5 weeks that he could have made up for when he had his job back?
I'm so confused, and my daughter has just become one more of his creditors - and it's not fair! I still abide by the visitation portion of our paperwork, but I'm currently cutting back his time to the bare minimum.
Any help would be greatly appreciated - I've never been in this situation before and want to do right by my daughter - I was left with a very large mortgage, bills, etc, and it's hard for us to get by (but I guess that's most of the situations here).
Thanks!!!
Pam
