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Child support

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S

slyremark

Guest
What is the name of your state?
Florida

I recently became unemployeed (2 months) and have not returned to the work force. I have a 12 year daughter that I do not see nor do I have any contact with her or her mother (my choice!) I have a few different questions:

1) My ex-wife to my knowledge is not working and has not been working for the past few years. When child support was set ten years ago, we both were making a combined income that put my share of the child support at $750 monthly. Since I am not working I have thought about contacting my ex-wife to seek immediate relief before I have to sell my home (currently have been remarried for 8 years with one child). What leverage if any, do I have to make her help? Since neither of us are working how would a court look at this if I filed for a change in child support?

2) Since my ex-wife has chosen not to work and allows her new husband to support her, do I have the same option to stay at home and raise my son and not have an obligation to pay support?

3) If I chose to prepay the remaining five + years of child support, can I obligate my ex-wife (if she accepts) to no further support and have her sign a waiver regarding all future obligation?

Final note: I have offered to sign adoption papers since my ex-wife and new husband of seven years are raising my daughter. The only reason that continues to come up for her desire not to do this is that my ex-wife wants me to be aware that I have a daughter and wants the money. As harsh and distant as this may sound, I never planned to have a child with my ex-wife. We were separated in the same house for three months prior to the conception of our daughter. My ex-wife notified me that she was still taking birth control when in fact she had not been for many months. She later admitted that she thought that her being pregnant would hold our marriage together. I moved out five months after her birth and finalized the divorce before she turned one. I broke off all communication with her and her monther when she turned four as her mother (my ex) was still hopeful for our reunitment. I have not seen or talked to her since.

Any assistance to these questions would be helpful.

Thanks,
Slyremarkt is the name of your state?
 


JETX

Senior Member
"1) My ex-wife to my knowledge is not working and has not been working for the past few years. When child support was set ten years ago, we both were making a combined income that put my share of the child support at $750 monthly. Since I am not working I have thought about contacting my ex-wife to seek immediate relief before I have to sell my home (currently have been remarried for 8 years with one child). What leverage if any, do I have to make her help?"
*** None.

"Since neither of us are working how would a court look at this if I filed for a change in child support?"
*** Depends on the court and the full facts. If they feel you are not working, or underemployed in an attempt to avoid your obligation to your child, the court probably would NOT be favorable.

"2) Since my ex-wife has chosen not to work and allows her new husband to support her, do I have the same option to stay at home and raise my son and not have an obligation to pay support?"
*** Nope.... at least not unless you get the court to agree and modify the support agreement.

"3) If I chose to prepay the remaining five + years of child support, can I obligate my ex-wife (if she accepts) to no further support and have her sign a waiver regarding all future obligation?"
*** Only if the court agrees.

For some reason, you seem to keep forgetting that your wife really has little, if any, say in your current obligation. That 'right' is reserved by the court.
 

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