Ex has stopped paying child support

What is the name of your state? CA

My ex husband was ordered to pay $500 per month in child support over a year ago. He made a couple of the full payments and then started paying only $100 a month and now, I have not received anything in a few months.

Here is some history. He is a chiropractor and had his own practice in Santa Barbara for over a year and claimed he was losing money every month and wanted me to pay him child support when he rarely sees our daughter. It was obvious he was lying so our lawyers negotiated the $500. Shortly after that award, he sold his practice and moved to Colorado and did not work for about six months. He has again moved, now presiding in San Diego. He recently bought an established practice which he asked my daughter to lie to me about (we will leave that story for another post) and says he is still broke and cannot pay me anything. Meanwhile, he has a new car (altima) a new practice and a new apartment. He constantly tells my 11 year old that he is poor when I know this is not true (he should not be telling my daughter this either). He will do everything he can to hide his money so that when I do take him to court, he can show that he is broke.

Will the court make him pay arrears if he does show proof that he is poor? Are the courts usually smart enough to figure out that this guy is obviously doing well since he can buy a brand new car and practice but cannot support his daughter? I have been too nice and now that I have been layed off, I would like him to start paying but don't want to go back to court if this looks like I am out of luck. He does find ways to hide his money (accepts cash, pays cash for his vacations, etc.). I need some advice.

As far as how often does he visit with my daughter, it is about 40 days a year. We mediated to half summer, alternating major holidays and everyother weekend. He only does the half summer and every other holiday and never visits her every other weekend (he is sothern ca I am northern). Thanks.

CaliforniaMommy said:

What is the name of your state? CA

My ex husband was ordered to pay $500 per month in child support over a year ago. He made a couple of the full payments and then started paying only $100 a month and now, I have not received anything in a few months.

Here is some history. He is a chiropractor and had his own practice in Santa Barbara for over a year and claimed he was losing money every month and wanted me to pay him child support when he rarely sees our daughter. It was obvious he was lying so our lawyers negotiated the $500. Shortly after that award, he sold his practice and moved to Colorado and did not work for about six months. He has again moved, now presiding in San Diego. He recently bought an established practice which he asked my daughter to lie to me about (we will leave that story for another post) and says he is still broke and cannot pay me anything. Meanwhile, he has a new car (altima) a new practice and a new apartment. He constantly tells my 11 year old that he is poor when I know this is not true (he should not be telling my daughter this either). He will do everything he can to hide his money so that when I do take him to court, he can show that he is broke.

Will the court make him pay arrears if he does show proof that he is poor? Are the courts usually smart enough to figure out that this guy is obviously doing well since he can buy a brand new car and practice but cannot support his daughter? I have been too nice and now that I have been layed off, I would like him to start paying but don't want to go back to court if this looks like I am out of luck. He does find ways to hid his money (accepts cash, pays cash for his vacations, etc.). I need some advice. Thanks

As far as how often does he visit with my daughter, it is about 40 days a year

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If there is a court order for child support and he is not paying, then you may file for contempt of court against your ex. If your ex had a significant change of income, it was up to him to file for a modification if he felt he could not affort the amount of child support he was court ordered to pay. It's doubtful the court would forget about the arrears. If your ex asks for a modification now...the court will take everything into consideration...financial statements will be required from both you and your ex.

You may contact a law facilitator in your area to discuss this matter. Here's a helpful link: http://www.courtinfo.ca.gov/selfhelp/lowcost/qa-flf.htm

Hope some of this helps!

With unleaded regular over $3 in southern California, it is understandable that anyone might not be able to afford every other weekend visitation with parents being in oppisite ends of the state. In what county is your divorce, where do you reside now? What type of work do you do. Most Chiropractors don't work a 40 hours week and their fee structure is not the best, so it is possible that even with buying an established practice things could be tight.

rmet4nzkx said:

With unleaded regular over $3 in southern California, it is understandable that anyone might not be able to afford every other weekend visitation with parents being in oppisite ends of the state. In what county is your divorce, where do you reside now? What type of work do you do. Most Chiropractors don't work a 40 hours week and their fee structure is not the best, so it is possible that even with buying an established practice things could be tight.

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Valid points. Nevertheless if there is an order, and it has not been modified dad is racking up arrearages and WILL be held responsible for those arrearages.....eventually...sigh.

LdiJ said:

Valid points. Nevertheless if there is an order, and it has not been modified dad is racking up arrearages and WILL be held responsible for those arrearages.....eventually...sigh.

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There you go using absolutes again, sigh....
If and or when this goes to court, the facts will be considered. Just last week in CA I know a person who had, by a court order $14,000 in arreages wiped out, based on the facts. We don't have all the facts, part of why I asked the questions I did and why I gave examples of why dad might have a defense.

rmet4nzkx said:

With unleaded regular over $3 in southern California, it is understandable that anyone might not be able to afford every other weekend visitation with parents being in oppisite ends of the state. In what county is your divorce, where do you reside now? What type of work do you do. Most Chiropractors don't work a 40 hours week and their fee structure is not the best, so it is possible that even with buying an established practice things could be tight.

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Thanks for the responses. Our divorce was in Santa Clara County and I currently live in San Jose. I am a stay at home mom now (I have a baby at home and I am remarried). My daughter went to work with him for a week and she said he was so busy and he told her he has a ton of personal injury cases. I was surprised he told her this considering he trys to hide so much. So he is doing well but as I previously stated, he is very good at hiding money, even during our marriage.

rmet4nzkx said:

There you go using absolutes again, sigh....
If and or when this goes to court, the facts will be considered. Just last week in CA I know a person who had, by a court order $14,000 in arreages wiped out, based on the facts. We don't have all the facts, part of why I asked the questions I did and why I gave examples of why dad might have a defense.

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You know...it does occasionally happen that a judge will reduce or wipe out arrearages...but its pretty danged rare.....even when there appear to be good reasons.

CaliforniaMommy said:

Thanks for the responses. Our divorce was in Santa Clara County and I currently live in San Jose. I am a stay at home mom now (I have a baby at home and I am remarried). My daughter went to work with him for a week and she said he was so busy and he told her he has a ton of personal injury cases. I was surprised he told her this considering he trys to hide so much. So he is doing well but as I previously stated, he is very good at hiding money, even during our marriage.

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Interesting you said, "now that I have been layed off, I would like him to start paying but don't want to go back to court if this looks like I am out of luck."

I can see why you are wondering if it will pay to go back to court, originally you said you wanted him to pay because you were laid off as if the money was needed for basic support, then in respnse to the a direct question you admit that you are remarried, have a baby and are a stay at home mom, your choice. So you both have changes in circumstances It does cost a lot of money to buy an active practice, he can still be very busy and still have cashflo problems, but all this will come out in court. They will look at your change in circumstances as well. No one can say how it will come out for sure.

As I said earlier I know of a recent CA case where arreages were forgiven when the facts were presented, it also changed the amount of child support based upon income and the fact the the (employed in another state)ex had remarried and new spouse didn't work (self employed for cash) and their children together also needed support, otherwise the child support would have been lowered. The judge may take into account the fact that you are not employed and lower child support if dad brings in his accounts and they limit his income.

CaliforniaMommy said:

Thanks for the responses. Our divorce was in Santa Clara County and I currently live in San Jose. I am a stay at home mom now (I have a baby at home and I am remarried). My daughter went to work with him for a week and she said he was so busy and he told her he has a ton of personal injury cases. I was surprised he told her this considering he trys to hide so much. So he is doing well but as I previously stated, he is very good at hiding money, even during our marriage.

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Here is the link to the Superior Court of California County of Santa Clara ~ Family Court Self Service Center:
http://www.scselfservice.org/fam/childsupport.htm

There you will find info on how to file an Order to Show Cause, how to raise or lower child support, etc. There is also a link to the Family Law Facilitator (FLF)...which is: http://www.scselfservice.org/fam/clinic.htm The Family Law Facilitator can help you with getting the appropriate forms, tell you how to file, etc.

If your child support order is not being handled by DCSS, then you would file papers and your hearing would be at Family Court on Park Center Plaza.

Chances are very high that the judges in Family Court over in Santa Clara County will not just forget about the arrears. Each one of these judges is considered to be tough on ncp's who fall behind in child support. Your ex would have to have an extremely good reason for wanting arrears to be forgiven and child support lowered...when he didn't bother to ask for a modification as soon as he started getting into a financial bind and falling behind in his payments.

Well, hope this helps! Have a great weekend!

Just wanted to reply to say that your ex is a liar I'm sure, and it's obvious that he just doesn't want to pay you. My ex is the same. He will do anything under the sun to not pay his child support. I don't understand men like this.
My ex owes me 14 grand. He was sentenced to jail for 30 days if he doesn't pay 5000 in the next month. Now he is trying to modify his already low support payments. If they wipe out his arrears I may just lose it!