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Asked 2/16/2012

My ex husband keeps trying to lower my child support and spousal payments.

Any suggestions of what I can do in court to not make it easy for my ex to lower my child support payments.
We have 2 young children together. I work 2 jobs and he quit a very good paying job about a year ago. He has now started his own business which is mostly a cash business. He also is remarried to someone who is wealthy and they now have a child together.
He has been successful in lowering his payments 4 times in the last 3 years.
No he's trying again! He wants to give 100 fro one child and 250 for the other and cut my spousal. Meanwhile he and his wife travel and live a very comfortable lifestyle. I pay for all of the kids activities, etc. I am barely making it and this seems very unfair.
Shouldnt the judge tell him to go get a second job? My ex has 25 years experience in his craft!
Any suggestions?
Thank you.

 
 
 
 
 
Answers

Answer 1/5 - Submitted 2/16/2012

That his new wife is wealthy does not factor into his child support or spousal support payments; his new spouse is not responsible for any care or upkeep of you or your children. I'm sorry, but she didn't marry you; he did. Her wealth is her wealth and she can spend it travelling with her new husband if she likes.

Other than showing that he has employment and how much he earns, you cannot do anything to stop the payments from being lowered. If he has a business then you need to find out how much he's making at this business - request that the judge view his tax form, for example.

If he is currently building up a business then a judge is unlikely to force him to get an outside job that could hinder his business-building - which may ultimately result in him making more income that will later be factored into the care of your children. The judge could see it as something that could ultimately benefit the children far more in the future; and if the judge doesn't initially see that then any decent attorney for your ex would point that out.

If the judge didn't say boo about him quitting his well-paying job in the past then there's nothing the judge is going to do about it now. It could be that your husband argued the job was no longer paying as well or that the work dried up - as is often happening in this economy.

 
 

Answer 2/5 - Submitted 2/16/2012

If your husband isn't making what he did and you think he should, you should visit with an attorney in your area. Where I am, California, a parent cannot purposely lower their income. He could be ordered to do an evaluation to establish what he should be making and he might pay support on that. On the other hand, depending on where you are, his new child could be a factor to lower your support. His new wife usually doesn't matter, but it could have some extraneous value. Again, you will need an attorney.

Spousal support is not a forever right typically. You could see that go down as an operation of law. Your case is complicated and I know it will be hard to swallow that he lives well, but you aren't entitled to his new lifestyle - you are entitled to the marital lifestyle that you had with him. I am commenting according to what would happen where I am.

While it hurts, it doesn't make you a bad person. Karma will work if you let it.

 
 

Answer 3/5 - Submitted 2/16/2012

Thank you for your responses. I know my ex's new wife's money has nothing to do with me. I get that.WHen he quit his former great paying job, it had nothing to do with the economy at all. His former employer begged him to stay. He quit because he no longer had to work that hard anymore and put in the long hours. Also, the health insurance ended for my children. THe kids were put on his wifes insurance plan for a year- during the year they never took the kids to see a dr. and wouldnt give me the insurance information. After year they took my kids off the plan. I then enrolled them in Medi-Cal.
I had been a stay at home mother with 2 very young children when he left. Through this I also lost my home. I'm sure with the money he is making is is all cash and is going into some secret account. His wife is very successful and I'm sure has accountants making sure whatever money he's making is well hidden. SHe has made it very clear she doesnt like giving me a dime.
Just to my knowledge he has spent over 50,000 on attorney fees with all of this. Itsa personal vendetta. My spousal ends in a year anyway. He would be better off just paying me compared what he's spending on court fees. Why doesnt a judge see that? He's claiming hardship yet always has a lawyer. What about providing for your children?

 
 

Answer 4/5 - Submitted 2/16/2012

If you have Medi-Cal, then you are in California?

You should pursue his under-employment or have you?

I don't know what you are telling but it would seem that you have been in court without the outcome you would think. If you don't earn that much and he is malingering with an ability to pay fees, his wife's income would come into play on the fee issue. Or it should?

Are you using the Dept. of Child Support Services? Even with that, he should be required to do a vocational evaluation. You could request a business evaluation or an audit of the business. Of course, all of this is expensive. If he can pay 50K for attorneys, I would think that the court should make him pay. But I don't know how much you are getting and the requirement to earn goes both ways.

It's hard to say, and it might be passed the time to act, but you should try to find an attorney who would help you, then go after him for fees. Again, his community property can be reached for that.

 
 

Answer 5/5 - Submitted 2/16/2012

Yes I'm in CA and yes I have my support coming through Child Support Services.
I suppose they've helped some but it just isnt fair for the children. Most of the traveling they do, they take my kids too. Just seems that all of the treaveing and expensive gifts should be looked at. My kids dont need anymore trips to Disneyland and and $100 jeans..... they should have proper health insurance and a decent roof over their heads. Thanks for your response.
One more thing... I think its terrible that if I should remarry, my spousal support ends but he remarries and her income cant come into play? very unfair.

 
 
 
 
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