Ex wants to decrease child support, can he?

[jkohler08]

What is the name of your state? NJ

My ex was arrested several months ago for stealing from his job. Consequently he was fired from his job. He is working, but it's with a friend and he's getting paid in cash. He always paid child support direct to me, even though it is court ordered. He stopped paying me back in March. He sent me an email the other day saying he was filling out paperwork to get his child support reduced. Can he get it reduced? Do I need a lawyer for this?

 

[MrsK]

If he was fired, probably not. He can ask for a reduction, but will probably be told he is out of luck. Unless, of course, he wants to have it reduced for other reasons (like, if the child is no longer in daycare, and he had previously been paying a portion of the daycare). But, if its because of his job, no, he is probably not gong to get the reduction.

 

[jkohler08]

No, nothing else has changed. Will I need a lawyer if we go to court?

 

[MrsK]

No, nothing else has changed. Will I need a lawyer if we go to court?

Technically, no.

Is his attempt at a reduction through CSE or is he brining you to family court?

 

[jkohler08]

I don't know. He just said he was filling out the paperwork. He doesn't pay through probation, he pays cs directly to me, well he used to. I did go see a lawyer on a consultation basis, but we didn't discuss my ex trying reduce the cs, we discussed me modifying our current visitation plan. I just hope I can raise his retainer before I have to go to court about the cs reduction.

 

[GrowUp!]

I don't know. He just said he was filling out the paperwork. He doesn't pay through probation, he pays cs directly to me, well he used to. I did go see a lawyer on a consultation basis, but we didn't discuss my ex trying reduce the cs, we discussed me modifying our current visitation plan. I just hope I can raise his retainer before I have to go to court about the cs reduction.

Umm...you said he was going to fill out the paperwork. Obviously you have NOT receieved anything that stated there is even a hearing. So, why are you worried about retaining an attorney at this point. Plus, I don't know why the parenting time issue is even being addressed since support and visitation are separate issues (and this Attorney should know that, so I'd be suspicious).

Is your support order through your local CSEA or was it dealt directly through the courts? Is he supposed to be paying you directly? If it's through CSEA, then he would have to file through them and they would review it and either deny or accept his request. Either way, you'll get notice.

 

[stealth2]

Umm...you said he was going to fill out the paperwork. Obviously you have NOT receieved anything that stated there is even a hearing. So, why are you worried about retaining an attorney at this point.

Uuuuh, it's called being prepared, GU. So she doesn't have to scramble to find one when there's a limited window for response.

Plus, I don't know why the parenting time issue is even being addressed since support and visitation are separate issues (and this Attorney should know that, so I'd be suspicious).

She's discussed the visitation issues before. It doesn't mean she (or the lawyer) think they're tied together. Get on the ball, GU!

 

[jkohler08]

CS is court ordered, but the CS check came directly from him. I do realize that CS and visitation are two separate issues, but if I'm trying to retain this lawyer to deal with the visitation issue, I'd also like him to handle the child support issue, if I need him. I want to be prepared, I don't want to blow this.

No, I haven't received any paperwork yet. It may just be a bluff on his part. He's been trying to get me to document that I don't need CS. He asked me to write him a letter indicating that I wouldn't collect from him until he was employed in a stable job. I told him I wouldn't document anything. I guess I'll just have to wait and see what he does.

How long should I wait, with regards to his non-payment before I filll out the paperwork to collect the CS he owes me?

 

[GrowUp!]

CS is court ordered, but the CS check came directly from him. I do realize that CS and visitation are two separate issues, but if I'm trying to retain this lawyer to deal with the visitation issue, I'd also like him to handle the child support issue, if I need him. I want to be prepared, I don't want to blow this.

No, I haven't received any paperwork yet. It may just be a bluff on his part. He's been trying to get me to document that I don't need CS. He asked me to write him a letter indicating that I wouldn't collect from him until he was employed in a stable job. I told him I wouldn't document anything. I guess I'll just have to wait and see what he does.

How long should I wait, with regards to his non-payment before I filll out the paperwork to collect the CS he owes me?

You keep mentioning that it's "court ordered, but the CS check came directly from him."
Of course CS is court-ordered, BUT I also asked you if there is language in the order to pay you directly or through CSEA?? That matters.

For it to be worth's the court's time (and not to create further backlog), you should probably wait until he's missed several consective months, then file a Show Cause for Contempt in court.

 

[jkohler08]

Sorry GU, I didn't understand your question. It states that he is to pay it directly to me.

 

[jpriness73]

i do not know how NJ does Ohio my ex was a store mgr 45 mins from home and made a lot of money then he was fired for sexual harrassment. so then he had decided to get a job in a little local store near home. he used his commute to work as an excuse to have to be "under-employed" it worked. if yours had a really good job and was fired and now he works now in a minimum wage job they can change the support. maybe not to minimum but soethin in between.
in ohio they have you mail in tax returns and a month's worth of pay stubs a fill in a blank form to fill in about medical insurance, local taxes, etc.. No one is present, someone just types in the information and sees how it goes against the state standards and what the child support should be then you are notified in the mail. if someone doesn't agree the can request an administrative hearing to try and show proof about why that person doesn't agree. like if he claims only making so much you can show up with information showing he makes more. that is difficult with a cash job. my husband does landscaping under the table with his buddies so there is now way i can get proof of that.
you should call your csea and ask. i know this is long but a least you have an example of the procedures we have.
GOOD LUCK!!!!!!!!

 

[Silverplum]

i do not know how NJ does Ohio my ex was a store mgr 45 mins from home and made a lot of money then he was fired for sexual harrassment. so then he had decided to get a job in a little local store near home. he used his commute to work as an excuse to have to be "under-employed" it worked. if yours had a really good job and was fired and now he works now in a minimum wage job they can change the support. maybe not to minimum but soethin in between.
in ohio they have you mail in tax returns and a month's worth of pay stubs a fill in a blank form to fill in about medical insurance, local taxes, etc.. No one is present, someone just types in the information and sees how it goes against the state standards and what the child support should be then you are notified in the mail. if someone doesn't agree the can request an administrative hearing to try and show proof about why that person doesn't agree. like if he claims only making so much you can show up with information showing he makes more. that is difficult with a cash job. my husband does landscaping under the table with his buddies so there is now way i can get proof of that.
you should call your csea and ask. i know this is long but a least you have an example of the procedures we have.GOOD LUCK!!!!!!!!

It's nice of you to want to help , but each state is different and has different standards, laws, and procedures. It's usually not useful to add info from another, unrelated state.

 

[jkohler08]

Thanks for your input. Hopefully, OH and NJ have different rules. The only proof I have that he's working are the emails he sends me telling me he has to work. Well, other than the kids saying that Dad is at work. I have no idea how much he's making, although he indicated it was 1/2 of what he was making. He's friends with the guy that he's working for, so I'm sure he'll say he makes less than what he's actually making. Sad part is, it's the kids who are suffering.