LOA and child support payments

[momoftwo2]

Hi. Is it legal for my ex to take a 3 week LOA (he is on a contract so doesn't have vacation time) for a trip and then not pay one child support payment becuase he claims he hasn't had an income and therefore does not have to pay support? He did pay alimony.

If not legal how do I prove this to him without a lawyer? I cannot afford one.

Thanks.

[standing on the sidelines]

He cant just stop paying child support because he decides to take a LOA. If he can afford the trip then he can afford to pay the child support. He may have an income for the three weeks but he should have saved up some money to pay for the CS.

[momoftwo2]

I know this only makes sense but I have to PROVE it to him and not sure where to get legal proof.....

[blinkandimgone]

No, he can't do that. CS is determined by his line 150 on his taxes. If he's taking LOA and it affects his overall income it will show up on his taxes and can be adjusted at that time to accomodate. But in the meantime, he can't just book off work without pay and inform you that he won't be paying.

YOU don't have to prove anything to him. If he thinks he is right then HE can find the legal proof that this is common acceptable practice and provide the proof to you.

If it continues I'd be tempted to file with FRO. Then he can try to argue his ridiculousness with them and see how far he gets.

[HammerDad]

He is still employed. His 3 week LOA wouldn't even be considered by a judge for many reasons, a big one is that is was willful. Meaning, he is choosing to under-employ himself for those three weeks. Therefore, that income should be imputed to him.

[Berner_Faith]

Agreed... He can't just decide not to pay because he took a LOA... I would inform him that you expect that money, and unless he has a court order stating he does not have to pay he is now in arrears... I agree that maybe getting in contact with FRO because who knows if he will attempt this again.

[billiechic]

what a crap move to pull! The nerve of some people!

[tugofwar]

Can't fix stupid, not even with duct tape ROLMAO

[standing on the sidelines]

Originally Posted by tugofwar

Can't fix stupid, not even with duct tape ROLMAO

damn and duct tape was suppose to fix everything lol

[tugofwar]

Sorry standing, duct, masking, painting, shipping, electrical, wrapping etc tapes just dont cut it and not to mention crazy gule doesn't work either lol