father wants to stop paying child support

[waking beauty]

the name of my state is massachusetts....

my daughters father is taking me to court for a modification of our support order...he wants the courts to stop his child support payments because he is unemployed...he just filed this on November 17th but hes been unemployed since may 2008 and hasnt made a support payment since june 2008...he is in arrears for the amount of 2000 plus interest and penalities....he claims he may possibly have found a job (but i know thats a lie)....

what are the chances the judge will stop his payments???

im a single mother who has full physical and legal custody of our child...i work 32 hrs a week and i go to school fulltime for nursing...

thank u for the help

 

[LdiJ]

the name of my state is massachusetts....

my daughters father is taking me to court for a modification of our support order...he wants the courts to stop his child support payments because he is unemployed...he just filed this on November 17th but hes been unemployed since may 2008 and hasnt made a support payment since june 2008...he is in arrears for the amount of 2000 plus interest and penalities....he claims he may possibly have found a job (but i know thats a lie)....

what are the chances the judge will stop his payments???

im a single mother who has full physical and legal custody of our child...i work 32 hrs a week and i go to school fulltime for nursing...

thank u for the help

There is virtually no chance that a judge would stop child support payments entirely. However there is a possibility that a judge would reduce them. It all depends on the totality of the circumstances.

The judge won't be pleased that dad hasn't been paying support at all since June.

 

[waking beauty]

well i just have another question then...i read somewhere that if a parent voluntarily drops their hours or voluntarily quits a job the judge doesnt look to favorably on that and will not allow that to slide...well he voluntarily decided to steal from his jobs and got fired from numerous jobs in the past 11 months....now he has voluntarily decided to stay unemployed...does this not count for anything? i know the minimum payment here in massachusetts is 80 a month...its just sad because my dog cant even live off of 80 a month

 

[justalayman]

all of those things can, and most likely will be taken into account by the judge.
Yes, a judge can impute an income equal to that of a job type your ex is capable of doing yet fuigures out how to get fired from all the time.

 

[waking beauty]

grr...this is frustrating...thank u i figured as much...i kno she will probably just drop it to 80 a month...but im hoping because he claims that he may have found a job maybe shell just leave it as it?? what are the chances of that happening? can i ask for her to do that?

 

[waking beauty]

is it possible to ask the judge to put a suspended sentence over his head if he doesnt pay half of what he owes?

 

[OhReally?]

is it possible to ask the judge to put a suspended sentence over his head if he doesnt pay half of what he owes?

You can "ask" for anything. It helps to have your "request" supported by statute, rules of procedure, local rules of the court and/or case law. Just because one "asks" doesn't mean you'll get it.

 

[IL_Dad_2]

Your childrens father is responsible for the money that accummulated before he filed for modification.

He might get a break on the amounts that accummulated after he filed.

But, it is a big might.

You need to find proof of your claims of his not seeking comparible employment.

If you are able to show that he was fired for cause - you might get a judge to "impute" his income based on his previous jobs.

You might have a case - but you have to be willing to remove the emotion, and stick with the facts that you can prove.

Personally, I think that when a parent willingly avoids paying any CS, it is a form of child abuse. We are in tough economic times right now, and I can see how this might be a struggle - but it appears that your children's father is not even trying.

 

[waking beauty]

Your childrens father is responsible for the money that accummulated before he filed for modification.

He might get a break on the amounts that accummulated after he filed.

But, it is a big might.

You need to find proof of your claims of his not seeking comparible employment.

If you are able to show that he was fired for cause - you might get a judge to "impute" his income based on his previous jobs.

You might have a case - but you have to be willing to remove the emotion, and stick with the facts that you can prove.

Personally, I think that when a parent willingly avoids paying any CS, it is a form of child abuse. We are in tough economic times right now, and I can see how this might be a struggle - but it appears that your children's father is not even trying.

thank you for such a nice reply! i dont know how id be able to prove he was fired besides getting letters from his former bosses...but i think thats illegal? i am friends with one of his bosses (who was his former roommate and land lord, he evicted him about 4 months ago) anyway he did write me a letter....is that worth anything?

 

[Silverplum]

https://forum.freeadvice.com/child-custody-visitation-37/stopping-visitation-440993.html

 

[waking beauty]

https://forum.freeadvice.com/child-custody-visitation-37/stopping-visitation-440993.html

what does my response to another thread have to do with my question on child support?

are you mad at me? are you mad that i exposed the fact that people come here looking for legal advice and end up getting opinions from regular people such as you and I?? grow up

 

[Silverplum]

what does my response to another thread have to do with my question on child support?

I told you in the other thread. Plain as day.

are you mad at me? are you mad that i exposed the fact that people come here looking for legal advice and end up getting opinions from regular people such as you and I?? grow up

Everyone knows that. It's on the bottom of every single page. If someone READS, that is.

I'm disgusted with your NON-LEGAL/ILLEGAL "advice" you presume to dispense. You're walking on dangerous ground, giving the WRONG answer to another poster.

 

[waking beauty]

FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting.

angd you are harrassing me

 

[Silverplum]

FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting.

That's part of it.
Good job reading!

angd you are harrassing me

Sad, pathetic attempt at both spelling and legal interpretation.