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asimon2 · Sep 4, 2012, 03:35 PM

My ex was served child support paperwork in mid July for our child who is currently a senior in high school. At the time of the divorce, he had a minimum wage job and I did not request child support in the divorce papers because in a moment of weakness I didn't want added financial burden on him because he would whine to our daughter. I'm an idiot. After the divorce became final, he quit that job and found one paying much more than minimum wage, although I don't know how much. After finding out that he refused to help her out with some car repairs, that he was asking her for money, and that he emptied out the educational Merrill Lynch accounts for both kids, I decided to file for child support for our youngest daughter.
I checked with Child Support here in Florida to see if a court date had been set and found out he filed a Motion to Dismiss.?
She is DEFINITELY his child, so what possible grounds can a judge accept to dismiss child support? I'm at a loss on this one. He has already made her cry on numerous occasions over this telling her if he doesn't pay he will go to jail and that he cannot afford it and that I'll just spend the money on my boyfriend.
So, after all of this probably unnecessary info, what does a judge accept on a Motion to Dismiss for child support? Any info would be greatly appreciated.

JudyKayTee · Sep 4, 2012, 03:56 PM

Originally Posted by asimon2

My ex was served child support paperwork in mid July for our child who is currently a senior in high school. At the time of the divorce, he had a minimum wage job and I did not request child support in the divorce papers because in a moment of weakness I didn't want added financial burden on him because he would whine to our daughter. I'm an idiot. After the divorce became final, he quit that job and found one paying much more than minimum wage, although I don't know how much. After finding out that he refused to help her out with some car repairs, that he was asking her for money, and that he emptied out the educational Merrill Lynch accounts for both kids, I decided to file for child support for our youngest daughter.
I checked with Child Support here in Florida to see if a court date had been set and found out he filed a Motion to Dismiss. ?????
She is DEFINITELY his child, so what possible grounds can a judge accept to dismiss child support? I'm at a loss on this one. He has already made her cry on numerous occasions over this telling her if he doesn't pay he will go to jail and that he cannot afford it and that I'll just spend the money on my boyfriend.
So, after all of this probably unneccessary info, what does a judge accept on a Motion to Dismiss for child support? Any info would be greatly appreciated.

My best guess - and it's only a guess - is he's going to argue you waived support permanently and can't go back now.

I always post to ask for support. If he can't pay it, he can't and you do nothing but if you waive and things change, you have no options.

What do the original papers say?

AK lawyer · Sep 4, 2012, 04:20 PM

Originally Posted by asimon2

...
I checked with Child Support here in Florida to see if a court date had been set and found out he filed a Motion to Dismiss. ...

You do know that nothing will happen (very probably) until one or the other of you gets a hearing date from the judge and serves a notice of hearing on the other party?

asimon2 · Sep 4, 2012, 07:07 PM

[QUOTE=JudyKayTee;3259577]My best guess - and it's only a guess - is he's going to argue you waived support permanently and can't go back now.
I always post to ask for support. If he can't pay it, he can't and you do nothing but if you waive and things change, you have no options.

What do the original papers [i believe they say due to present financial circumstances we decided not to pursue child support at this time. I'll have to pull them and reread them. He would have refused to sign them as well ]

asimon2 · Sep 4, 2012, 07:13 PM

[QUOTE=AK lawyer;3259620]You do know that nothing will happen (very probably) until one or the other of you gets a hearing date from the judge and serves a notice of hearing on the other party?[/I know. I'm just floored that he values money more than helping his daughter. He already took her IRA]

JudyKayTee · Sep 5, 2012, 05:09 AM

[QUOTE=asimon2;3259825]

Originally Posted by AK lawyer

You do know that nothing will happen (very probably) until one or the other of you gets a hearing date from the judge and serves a notice of hearing on the other party?[/I know. I'm just floored that he values money more than helping his daughter. He already took her IRA]

Happens all the time, and it's not just limited to fathers.

She has/had an IRA?