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houstontexas · Dec 29, 2008, 12:30 PM

What do I need to do get lower my monthly child support payments

stevetcg · Dec 29, 2008, 01:08 PM

Go back to the court that issued the support order and explain to them why you should pay less. Bring as much paperwork as you can to back up your position.

cdad · Dec 29, 2008, 01:24 PM

How long has it been since the support order was set ? Are there any conditions that constitute a major change ( like layoff or cutbacks ). Are you paying him / her directly or are you going through a child support agency ? If through an agency they may help file paperwork so you can get into court.

houstontexas · Dec 29, 2008, 03:16 PM

Originally Posted by califdadof3

How long has it been since the support order was set ? Are there any conditions that constitute a major change ( like layoff or cutbacks ). Are you paying him / her directly or are you going through a child support agency ? If through an agency they may help file paperwork so you can get into court.

I had a job change and got a major cut back. Do I just take my checkstubs to court with me when I go next month. I was paying $131.31 a week and I can not afford that now, on top of that with my house bills. I get my son almost every weekend and when I have him spend another $50-$100

cdad · Dec 29, 2008, 03:57 PM

Originally Posted by houstontexas

i had a job change and got a major cut back. do i just take my checkstubs to court with me when i go next month. i was paying $131.31 a week and i can not afford that now, on top of that with my house bills. i get my son almost every weekend and when i have him spend another $50-$100

Yes take everything with you including any documentation for job changes and a tax return as well as any proof you have been paying support.

houstontexas · Dec 30, 2008, 08:58 AM

Originally Posted by califdadof3

Yes take everything with you including any documentation for job changes and a tax return as well as any proof you have been paying support.

okay thanks. i will let you know the out come of my court date. thanks again.

Fr_Chuck · Dec 30, 2008, 11:24 AM

Remember it is not the size of your house payment, and not how much you spend on him when you have him, it is a percent of your pay ( and sometimes a few other factors)

So if your normal pay has been cut and is going to be long term, you can ask for a modification.

houstontexas · Jan 2, 2009, 07:14 AM

Originally Posted by houstontexas

okay thanks. i will let you know the out come of my court date. thanks again.

Okay so what if she went to Mexico and threathing to not come back, what do I do about that. Will she get in trouble for not showing at the Court date on Tuesday?

ScottGem · Jan 2, 2009, 07:21 AM

If you have a court ordered visitation schedule that says your son spends weekends with you, then for her to move without the court's permission is a violation of that order and she can be brought up on contempt of court charges. The problem though, is I don't know if Mexico will extradite her so if she doesn't come back to the states its going to be hard.

On the flip side, if she has left the country you MAY be able to suspend your payments. I would consult with a local attorney on this, but it's a possibility.

houstontexas · Jan 7, 2009, 03:14 PM

Originally Posted by houstontexas

Okay so what if she went to Mexico and threathing to not come back, what do I do about that. Will she get in trouble for not showing at the Court date on Tuesday?

Ok so update on the court yesterday. Her nor her laywer showed up. Her laywer is getting off her case. It has gotten rescheuled to the 3rd of next month if she does not show up then it will get thrown out.

this8384 · Jan 7, 2009, 03:18 PM

Not sure what you mean by "it will get thrown out." I thought this hearing was to have your support reduced; why would they throw it out because your ex doesn't show?

cdad · Jan 7, 2009, 03:20 PM

Originally Posted by houstontexas

Ok so update on the court yesterday. Her nor her laywer showed up. her laywer is getting off her case. it has gotten rescheuled to the 3rd of next month if she does not show up then it will get thrown out.

What is being thrown out ? If you have a legitimate reason for lowering support and she doesn't bother showing to refute anything they can enter a judgement by default. That way you should get some kind of an adjustment. If the judge wants to " throw it out " that would be wrongful and a miscarriage of justice. Your modification should either be granted or denied not thrown out.

houstontexas · Jan 12, 2009, 03:11 PM

Ok the guy I have been dating for the past 2 years has a 3 year old son with his ex, well in September of 2007 she took him to court for child support. Well since then he has been paying except when he was not working but that was only for 3 or 4 months. Well she took him back to court in November of 2008 for the back child support (I guess because of revenge because he didn't want to get back with her. I don't remember why but for some reason it had been reschuelde for January 6, 2009. Well before this court date she had taken his son back to mexico (where she is from) and threathing not to bring him back. Well we went to the court date on the 6th and she did not show up. The judge called her laywer and he had forgotten about the court date also, well I guess he is tried of working her case and has decided to get off the case. So the judge reschuelde if again for February 3rd 2009. What will happen if she does not show up again and the case gets thrown out. For the back child support. If she is an illegal immagrant and the child was born here and my boyfriend was born here. How can he go about getting full custody of him? :confused: :confused: :confused:

JudyKayTee · Jan 12, 2009, 03:22 PM

Originally Posted by houstontexas

Ok the guy I have been dating for the past 2 years has a 3 year old son with his ex, well in September of 2007 she took him to court for child support. Well since then he has been paying except when he was not working but that was only for 3 or 4 months. well she took him back to court in November of 2008 for the back child support (i guess because of revenge because he didnt want to get back with her. i dont remember why but for some reason it had been reschuelde for January 6, 2009. well before this court date she had taken his son back to mexico (where she is from) and threathing not to bring him back. Well we went to the court date on the 6th and she did not show up. the judge called her laywer and he had forgotten about the court date also, well i guess he is tried of working her case and has decided to get off the case. so the judge reschuelde if again for Feburary 3rd 2009. what will happen if she does not show up again and the case gets thrown out. for the back child support. if she is an illegal immagrant and the child was born here and my boyfriend was born here. how can he go about getting full custody of him? :confused: :confused: :confused:

He files for custody. He can do that by replying to his "ex's" papers, stating she is unfit and proving it.

He can also request an Order that the child not leave the Country.

I doubt she filed for support out of revenge - the child has to eat. When your boyfriend is unable to pay support as ordered he has to go back to Court and request a modification. If he does not he can be held in contempt for not paying.

houstontexas · Jan 12, 2009, 03:25 PM

Okay I was wrong for saying that she did it out of revenge. But that child never went without eating. He couldn't pay the whole amount but he was sure that he gave her something.

JudyKayTee · Jan 12, 2009, 03:28 PM

Originally Posted by houstontexas

okay i was wrong for saying that she did it out of revenge. but that child never went without eating. he couldnt pay the whole amount but he was sure that he gave her something.

Here's my problem with this - sometimes it's your child. Sometimes you're the girlfriend and it's your boyfriend's child. The facts seem to be a little blurry.

Your boyfriend has a legal responsibility to support the child. The mother doesn't have to provide for the child by herself, nor is it her family's responsibility.

If he doesn't pay in the amount ordered and doesn't get it reduced he's in contempt.

Fr_Chuck · Jan 12, 2009, 03:29 PM

The back child support does not go away, he can't NOT PAY just if he is not working, he would have to go to court to get it lowered. So he owes for the months he did not pay, that is not revenge, that is merely the law.

He will need to file in court for custody of the child. But the issue is, that there is no way to get the child back here until she returns with the child

houstontexas · Jan 12, 2009, 03:41 PM

The judge says that won't be too hard to get his child back. Do you think it will be a hard battle?

this8384 · Jan 12, 2009, 03:57 PM

Originally Posted by JudyKayTee

Here's my problem with this - sometimes it's your child. Sometimes you're the girlfriend and it's your boyfriend's child. The facts seem to be a little blurry.

And sometimes, it's the uncle's mother's sister's cousin's best friend's dog's puppy who's posting all the questions...

houstontexas · Feb 6, 2009, 02:39 PM

Okay so I have a court order to pay child support. I admit that I lost my job and fell behind on my payments. Well my ex- took me back to court for the back childsupport. The first time the judge changed the date so I could get a lawyer. The next court date She did not show. Because she went to mexico no call or anything to her lawyer also, she has threated not to come back with my child. So her lawyer changed the date again to try and get in contact with her. This past Tuesday was the court date again. I went and her attorney stopped me and said she has gotten in contact with him and all the sudden she has a death in the family and missed this court date also. I have a big feeling that she is not going to come back with my child... What Do I Do?? :confused::confused::confused: