Underpaying Child Support

[j-ham]

What is the name of your state? Wisconsin

My husband's income has decreased due to his fairly recent diagnosis with MS. We live on the west coast and his support order is in Wisconsin, here his kids live. He went to court 3 times trying to get a modification, but they would never grant him one, even though he is paying over 50% of his gross monthly income. We cannot afford this amount any more and have started to send 25%, which is WI's percentage for 2 kids. What can they do to enforce him to pay the higher, 50% amount. Is it possible or likely that they would try to put him in jail? We cannot afford an attorney, and trying to get the modification ourselves has been useless. My husband is self-employed so we send in the support ourselves instead of it being garnished from his paychecks. Any information on what recourses might be taken against him would be greatly appreciated. Thank you.

 

[mrseld]

I'm a little confused. Was there a court order in effect for the "higher amount of 50%"? It doesn't sound like it. But, if you were seeking a mondification, that had to be because the child support was previously ordered, right? And you say he's sending it himself instead of it being garnished? Is he sending it to his ex directly?

Here's my opinion on what you asked. If he is not paying what is court ordered, then his ex could take him to court for contempt. Jail time is possible. It's always possible in a contempt case.

The thing that I wonder about is that since he is self-employed and has been diagnosed with MS, are the courts aware of this? If it inhibits his ability to work, you should explain that to an attorney and ask what can be done in your situation.

 

[stealth2]

If there is a court order requiring your husband to pay a certain amount in child support - he is required to pay that amount until the order is changed. The portion he's not paying is (a) placing him in contempt and (b) collecting interest that he will be required to pay along with the principle. Sending a lesser amount is not an option, in the eyes of the court.

I don't know what to tell you except you may need to consider picking up another job yourself to help him meet the obligation. Being in contempt could land him in jail until he comes up with the amount owed. That really isn't a place for him to be.

 

[j-ham]

There is an order for the current amount...based on 25% of his income in 2001, before he got sick. We are sending the support to the child support agency in Wisconsin and they send her the checks. Unfortunately getting another job for me is not an option, as I am already working 2 jobs. I guess we will just have to pay what we can and any arrearages will just have to be paid by them intercepting his federal tax refunds. We have made the court well aware of his health issues and inablility to work full time on 3 separate modification hearings, and each time they have not lowered it, and actually raised it once. Our hands our tied. You cannot squueze blood out of a turnip. I'm just frustrated becasue he has always paid on time, and we have even taken out a home equity line of credit to meet our monthly obligations. Now we are are at the point where it is not possible to pay this amount, so we'll just have to pay what we can every month. Sorry...just had to vent, and thanks for your input.

 

[anastasia scrip]

Paying less than ordered by court

In Arizona if NCP pays 20$ every3 months when he is ordered to pay $300, charges of contempt may not be filed against him because he is paying something. The CP cannot file for contempt until there have been no payments for 90 days. You may want to check your state laws. There is a direct link from this page, At the top. Might be useful