short term disability affects on child support obligation

[momofrose]

If he is having a back surgery he will be out of work more than three months...many std policies run out after three months. Now if he remains out of work, its worth for him to modify or suspend, but if he is really going to work after that time, why spend the money for three months? It makes more sense to let the arrearage build up for a few months and pay a little extra after that.

A pro se motion cost nothing but the filing fee...does it make sense for him to risk a warrant for his arrest or to ruin his credit? I don't think so.

D

 

[ceara19]

If he is having a back surgery he will be out of work more than three months...many std policies run out after three months. Now if he remains out of work, its worth for him to modify or suspend, but if he is really going to work after that time, why spend the money for three months? It makes more sense to let the arrearage build up for a few months and pay a little extra after that.

If mom is not willing to compromise, why WOULDN'T he ask for a modification. Under the circumstances, he could possibly even hsve the filing fees waived so that a pro se motion would cost nothing but his time (and since he will be unable to work what else does he have to do with hs time?).

 

[ssbauer]

I am not saying that I am not willing to compromise, I am venturing to find out as much about this as possible. What is a pro se motion?

 

[ceara19]

I am not saying that I am not willing to compromise, I am venturing to find out as much about this as possible. What is a pro se motion?

The terms pro se and pro per are used when a person choses to represent themselves as opposed to hiring an attorney.

Have you considered ways to compromise with him that would not require going to court? You could agree to lower (or even stop) the child support for a set number of months. You could send a receipt to CSE for the difference between what he can afford to pay and the amount that is ordered so that he will not go into arrears.

 

[GrowUp!]

I am not saying that I am not willing to compromise, I am venturing to find out as much about this as possible. What is a pro se motion?

Listen woman...this is NOT about you and your willingness or unwillingness to compromise.

If he is going to go to have back surgery and he is going to be on short term disability, then he has every right to file for a modification.

And guess what: HE'S GONNA GET IT!

While your situation was unavoidable (or you can blame local and state gov't down there LOL), it is what it is. Child support is not meant to support YOU (and of course you'll say "I know it's not supposed to support me yadda yadda yadda...although you continue on this "compromise" route). If he's offering to pay $400...then maybe you should take that because I have this feeling that if he were to be factored through the courts, it could be alot lower.

And as someone already pointed out, back surgery takes more than 3 months to recover and if there are any complications, it'll just be longer.

You are guaranteed two things here if and when he files for a mod: he will get it and the amount will be lower based on several factors. Expect those, at least.

 

[stealth2]

And guess what: HE'S GONNA GET IT!

Things are rarely this black and white. He MAY get the modification, he may not. He may simply be allowed to defer payment. No one can state with any certainty what a judge WILL do.