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modification of child support

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buzz2400

Guest
What is the name of your state? CT

I have been divorced for over ten years. My son's father has never really paid child support. He owes a lot in arrears. He is now taking me back for modication of child support because, he says, he was an car accident and can't work. He has not worked that much the past ten years (so that he would not have to pay child support). My question is has anyone else gone through this and has the court granted the modification. I believe he is trying to get the court to say he does not have to pay 1 cent for child support. Any help would be appreciated.
 


dasy301

Junior Member
more than likely if he can prove that he cant work because of the accident they will modify the order, but the modification goes as far back as the date he filed for modification. the past support shoudl still be owed and he should have to find a way to pay it, he should either be working or on disability, either way he has income coming in, so he should have to pay, if he is not on disability he is required to work weither he wants to or not.
 
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DevonaJ

Guest
My son's father does the same thing. Works for a while and then quits so that the wage assignments stop. He will even work under the table to get out of paying. The arrears will just keep mounting up. He can file for the modification and if he proves that he is making less than he was at the time of the original order then he will get it modified, but he will not be allowed just to pay nothing. If he can prove he is unemployed, then they will base the child support on minimum wage. Once he is 30 days past due on his payments you need to let child support enforcement know. They can then assist you with getting something even if he is drawing unemployment. I know, I had my son's father's unemployment taken.
 

haiku

Senior Member
I can tell you in Ct. he may be able to get a reduction based on his new income,but there is no way he will get out of paying some form of support. His avoidance of work will not be looked upon lightly, but because you haven't taken him for contempt before, (or have you?) it is likely whatever he makes NOW will be used to set the support. The arrears will always be owed and can never be erased. It is likely he will have an extra amount added to his support until it is paid off. He is also likely to see any income tax or monetary awards held until your arrearrage is paid.

You will want to be sure all your financials and HIS are in order and correct. bring all proof or lack thereoff of his payment in support.
good luck to you!
 

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