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Ex doesn't think he has to pay child support

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army wife

Junior Member
What is the name of your state? New York
My ex husband makes 50,000 dollars a year and pays only 135 dollars a week that was based on him making only 45,000 2 years ago. Recently he hurt his back at work and could be out of work for up to 3 months. He thinks that he doesn't have to pay me any child support because he isn't getting any month because he used up his vacation time. He's 30 years old and still lives at home with his parents so he doesn't care whether or not he goes back to work. I count on that money and especially since school has started. Can he do that? How does that all work? I thought that regardless if he got hurt that once he does start back to work, he would have to pay in arrears? Thank you


Under the Radar Member
If there's a court order, he's required to pay. If he doesn't, arrears will accrue, including interest. You could file in court for him being in contempt.

(btw, the difference in support between his making 45k and 50k isn't going to be tremendous.)

army wife

Junior Member
Another question

Stealth, you are quick :) It's a shame that some lawyers take months before they get back to you. Another question I have, can he go to the courts and get it remodified because he will be out of work for 3 months? Can they allow him to not pay anything since he has an injury? Thank you.


Under the Radar Member
Sure he can. But all that will do is delay his payment and still add interest. I realize that you depend on that money, but this is a prime example why it's a bad idea to do so. 'Cause, in reality - you can't.


Senior Member
I agree with stealth that you can file for contempt. However, before you do, you need to find out what constitutes contempt in your state. I know that in Fl. a person who isn't working due to injury cannot be held in contempt because they don't have the ability to pay. Contempt is usually when a person has the ability to pay and willfully chooses not to. You may want to wait until he returns to work to file any contempt papers.


If he his out of work he can file to get the amount reduced to the bare minimum wich in Syracuse is $25 a month for one kid. If your smart you won't tell him this. that way when he does go back to work he will have to make up all that arrears If he's not working and not bringing any money in how do you expect him to pay? I understand you are used to living a certain way but if he suffers then your gonna suffer too as a result. So yes about not counting on the money every month. I would be putting it into a college fund for your kids. Think realisticaly


Junior Member
How would you manage if you were still married to your ex and he was injured and unable to work for a few months? Would you have to make some personal sacrafices, get a part time job?
Child support is supposed to ensure the children have the same standard of living as they would if their parents were still together. But this concept seems to go right out the window when the paying parent in is the situation your ex is in.
Are the children of daycare age? Could Dad have the oppourtunity to have more parenting time while he is tempararily out of work, and possibly save on day care costs? just a thought.

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