Reduce Child Support

[PhantomPenny]

What is the name of your state? El Paso

Hallo. So my fiancé is the most marvelous guy ever. He's got a darling 9 year old kiddo with an absolute horror of a human being for a mother. This woman has done everything under the son to keep my Handsome Hubby (HH) from seeing his darling child. Thanks to all her shenanigans, my HH now has a restraining order against him which keeps him from seeing darling daughter at all. We're pretty devastated and have no hope that this will ever be resolved in our favor.

He pays about absolute FORTUNTE in child support every week. He pays $175 a week to that awful wretch when he can't see his own child. It's not fair.

If he can't even see his own daughter, is there a way to get his child support reduced? Why should he pay when he gets no benefits from having a child? Should he see a lawyer about this? Or maybe an accountant? Or could he just like tell the judge himself? If we could have that money back,we could have our own darling baby.

 

[quincy]

As a note: A “fiancé” is not a “hubby.”

What is the name of your state? El Paso

Hallo. So my fiancé is the most marvelous guy ever. He's got a darling 9 year old kiddo with an absolute horror of a human being for a mother. This woman has done everything under the son to keep my Handsome Hubby (HH) from seeing his darling child. Thanks to all her shenanigans, my HH now has a restraining order against him which keeps him from seeing darling daughter at all. We're pretty devastated and have no hope that this will ever be resolved in our favor.

He pays about absolute FORTUNTE in child support every week. He pays $175 a week to that awful wretch when he can't see his own child. It's not fair.

If he can't even see his own daughter, is there a way to get his child support reduced? Why should he pay when he gets no benefits from having a child? Should he see a lawyer about this? Or maybe an accountant? Or could he just like tell the judge himself? If we could have that money back,we could have our own darling baby.

 

[PhantomPenny]

LOL! Too true! But he is handsome! And soon to be hubby. Handsome Finance just doesn't roll off the tongue as well. But anyways, what do you think about the money? I really want my own darling baby to make my HH happy again. We need the money that ungrateful dog keeps taking from us.

 

[Zigner]

Your post is, quite frankly, disgusting. Butt out...mind your own business. Your boyfriend's legal matters are NOT your business.
<I just threw up a little>

 

[doucar]

Visitation and child support are two separate things and one is not tied to the other, so no, he has to keep paying child support, even if he does not see the child. He can petition the court to reduce it, if it has been three years since the last change, but he must show a change in circumstances, he is making substantially less than he was when the order was entered, or the mother is making substantially more than she was when the order was issued. The fact that you are getting married and want to start a family, is not a sufficient reason to reduce child support.
He should consult with a local family laws attorney about his options.

 

[Zigner]

She's not worried about him not seeing his child...not really. All she's worried about is the money that she can't get her grubby hands on because the MOTHER of the child is receiving it to support the child.

 

[PhantomPenny]

Well now that's not fair. Of course I'm worried about us not seeing darling daughter. Cruella DeVille has done everything in the world to keep her from us, though, and now she's on restraining order number 2 since December. Poor HH sees the righting on the wall and figures that it's inevitable. He's been fighting for custody for darling dumpling for almost 4 years. Anytime he gets any time, Monster Mom rushes back to court with claims that darling is suffering and stressed and pulling her hair out and having insomnia and panic attacks. It's all hooey. Their final trial is set for June. If he's got a restraining order now,we can see where this is going to go. He'll either never see dumpling or he'll have to jump through Malificent's hoops of therapy and drug tests and evaluations and such only to see darling dumpling in a supervised capacity. So we're grieving the loss of this darling child's influence in our lives. And figure the extra money would make things easier. Really, why should we pay if we can't enjoy her and contribute to her upbringing? How is that legal?

 

[PhantomPenny]

Visitation and child support are two separate things and one is not tied to the other, so no, he has to keep paying child support, even if he does not see the child. He can petition the court to reduce it, if it has been three years since the last change, but he must show a change in circumstances, he is making substantially less than he was when the order was entered, or the mother is making substantially more than she was when the order was issued. The fact that you are getting married and want to start a family, is not a sufficient reason to reduce child support.
He should consult with a local family laws attorney about his options.

Now this is interesting. Due to all the court fees, My HH is bringing home a LOT less money. Of course, Ursula asked for more child money when we originally asked for more time with darling daughter, which was almost 4 years ago. So we do have a leg to stand on to ask to save our money! OMG! You're the absolute best. Thank you so much. XOXOXOX

 

[Zigner]

I'm calling troll on this one.

Go play somewhere else.

 

[PhantomPenny]

I'm so sorry you feel that way. Unfortunately this is all too real. We actually have a hearing next week on the latest restraining order. So we can ask about the child support then, I guess. Or does that need to be it's own separate thing? I get that you don't like the idea, but you've never said whether or not legally we can reduce our payments if we don't have any access to darling daughter.

 

[quincy]

I'm so sorry you feel that way. Unfortunately this is all too real. We actually have a hearing next week on the latest restraining order. So we can ask about the child support then, I guess. Or does that need to be it's own separate thing? I get that you don't like the idea, but you've never said whether or not legally we can reduce our payments if we don't have any access to darling daughter.

You don’t have any payments to reduce. You might love your handsome fiancé but child support has nothing to do with you. You are legally no one. This will be true even when fiancé becomes husband.

It is best if you do some backing up and let the parents of the child handle this themselves, without interference.

 

[PhantomPenny]

Um ok. Totes obviously I won't be the one saying anything in court. I'm just getting the 411 for our side. So, can HH ask, then, at the restraining order hearing, to reduce his payments? Or should we have a separate thingy for that?

 

[quincy]

Um ok. Totes obviously I won't be the one saying anything in court. I'm just getting the 411 for our side. So, can HH ask, then, at the restraining order hearing, to reduce his payments? Or should we have a separate thingy for that?

A separate thingy.

 

[doucar]

You must have a separate hearing on child support, they won't listen to anything except the basis for the restraining order. I strongly urge you to urge HH to get an attorney for both hearings.

 

[Just Blue]

What is the name of your state? El Paso

Hallo. So my fiancé is the most marvelous guy ever. He's got a darling 9 year old kiddo with an absolute horror of a human being for a mother. This woman has done everything under the son to keep my Handsome Hubby (HH) from seeing his darling child. Thanks to all her shenanigans, my HH now has a restraining order against him which keeps him from seeing darling daughter at all. We're pretty devastated and have no hope that this will ever be resolved in our favor.

He pays about absolute FORTUNTE in child support every week. He pays $175 a week to that awful wretch when he can't see his own child. It's not fair.

If he can't even see his own daughter, is there a way to get his child support reduced? Why should he pay when he gets no benefits from having a child? Should he see a lawyer about this? Or maybe an accountant? Or could he just like tell the judge himself? If we could have that money back,we could have our own darling baby.

You need to read this sticky from the Custody forum;

https://forum.freeadvice.com/threads/newbies-please-read-before-posting.387214/

Why was a restraining order issued? What court issued the order...family or criminal? How long is the RO for? Is the child included in the RO?