Ex trying not to pay anything

[Fldad18]

What is the name of your state? Florida

I filed for modification of child support. My ex who lives out of state filed an answer and her defense for why she doesn’t work and why she shouldn’t have to pay child support is that she disabled. She says she takes antidepressants and anti anxiety meds for depression and ptsd (her second ex husband killed himself after they separated). She is not disabled through social security and has already told me that she doesn’t work because she doesn’t have to work and her boyfriend supports her.

She claims that our son is fully supported by both parents because her family (boyfriend) pays for the travel (which is in the court order for her to provide).

A little history on me is that I am 100% disabled veteran with unemployability through the Va. I have been receiving disability for over 10 years and it has never stopped my financial responsibility for our son. I was court ordered to pay around $1000 a month when she had primary custody. She only keeps telling me that if money is a problem then I can just send him back to her (which is obviously ridiculous) and that it doesn’t matter that she doesn’t have a job so I can’t “soak” money from.

my question is: Is it likely that my ex will get out of ever being ordered child support based on her claiming she is “disabled” despite not being on disability?

 

[Ohiogal]

She will need to prove that she is unable to work or she can be imputed an income. Transportation costs may factor in to the amount you get for child support.

 

[LdiJ]

What is the name of your state? Florida

I filed for modification of child support. My ex who lives out of state filed an answer and her defense for why she doesn’t work and why she shouldn’t have to pay child support is that she disabled. She says she takes antidepressants and anti anxiety meds for depression and ptsd (her second ex husband killed himself after they separated). She is not disabled through social security and has already told me that she doesn’t work because she doesn’t have to work and her boyfriend supports her.

She claims that our son is fully supported by both parents because her family (boyfriend) pays for the travel (which is in the court order for her to provide).

A little history on me is that I am 100% disabled veteran with unemployability through the Va. I have been receiving disability for over 10 years and it has never stopped my financial responsibility for our son. I was court ordered to pay around $1000 a month when she had primary custody. She only keeps telling me that if money is a problem then I can just send him back to her (which is obviously ridiculous) and that it doesn’t matter that she doesn’t have a job so I can’t “soak” money from.

my question is: Is it likely that my ex will get out of ever being ordered child support based on her claiming she is “disabled” despite not being on disability?

Its understandable that someone whose ex killed themselves after they separated might be dealing with some depression, anxiety and ptsd. However, the fact that she is living with someone else who supports her (and your mutual son when he is with her) is not a reason (in and of itself) for her to not provide support for your son.

It is all going to depend on what she can prove to the judge.

 

[Ohiogal]

Its understandable that someone whose ex killed themselves after they separated might be dealing with some depression, anxiety and ptsd. However, the fact that she is living with someone else who supports her (and your mutual son when he is with her) is not a reason (in and of itself) for her to not provide support for your son.

It is all going to depend on what she can prove to the judge.

Please ignore LDIJ as she is not an attorney (I am though in Ohio) and she refuses to research anything. I research the law and caselaw of your state.