This is my first post but will try to make this as succinct as possible. I am really confused as to what might transpire.
There is a Support Order in place based on an income level arbitrarily set by the mediator (as he just became unemployed!) After signing the agreement, I found he was actually opening a business with his new spouse and that's why he could not find a job! The support order was for two kids and extraordinary expenses included at $622 a month. Settled on this as it was better than nothing but had been getting $1300 until then. So fast forward and he has never contributed to any major medical bills or schooling nor has he supplied his notice of assessment. Oldest goes off to university and I ask for assistance for tuition etc... and he won't contribute. He even argued that his support should be lowered as the child is away at University! Child comes home and without resources, he has to register at local University. Again ex-says child is home and working (for the summer) and again says he does not want to pay that portion of the child support. Without ever giving me his NOA. I ignore. Son is now moved out and youngest going into last year of high school. Ex says ok he's cutting the support in half. I said fine and send me your NOA so we can reassess. Again, nothing is forthcoming. So I do nothing and after a year like this he's still paying the same level of support and is now threatening me that I have committed fraud! I have supplied him all my NOA's and I have full custody of both kids. I offered to reduce the support to $500 a month to avoid spending more on lawyers, missed work etc and he still won't budge. All these years he has maintained he has no income but he and his new wife have two stores and a gas station and a home on the water and a vacation home, of course, all in her name. As well, I have social media, magazine articles etc...with his name all over it and even a friend (he did not know) went into the store and he was there acting like the owner and working and even some ghost calls and was told: "Oh he's out on a delivery". Based on this FRO tries to send a notice to garnish but are told he's not on the payroll. So I continue to have to ask for support every month, as he never pays on time and he knows FRO won't do anything until he's 60 days late. He sends odd amounts on the 60th day to avoid FRO and to make it impossible for me to even attempt to collect interest on the late payments.
I have maintained the ownes is on him to bring a motion to change the level of support and that I asked for his NOA but without it, I can't agree to reduce the level of support until I know what our youngest is entitled to. So whats my best recourse? Would the judge look unfavorably on me, do i have a leg to stand on? What should I do?
There is a Support Order in place based on an income level arbitrarily set by the mediator (as he just became unemployed!) After signing the agreement, I found he was actually opening a business with his new spouse and that's why he could not find a job! The support order was for two kids and extraordinary expenses included at $622 a month. Settled on this as it was better than nothing but had been getting $1300 until then. So fast forward and he has never contributed to any major medical bills or schooling nor has he supplied his notice of assessment. Oldest goes off to university and I ask for assistance for tuition etc... and he won't contribute. He even argued that his support should be lowered as the child is away at University! Child comes home and without resources, he has to register at local University. Again ex-says child is home and working (for the summer) and again says he does not want to pay that portion of the child support. Without ever giving me his NOA. I ignore. Son is now moved out and youngest going into last year of high school. Ex says ok he's cutting the support in half. I said fine and send me your NOA so we can reassess. Again, nothing is forthcoming. So I do nothing and after a year like this he's still paying the same level of support and is now threatening me that I have committed fraud! I have supplied him all my NOA's and I have full custody of both kids. I offered to reduce the support to $500 a month to avoid spending more on lawyers, missed work etc and he still won't budge. All these years he has maintained he has no income but he and his new wife have two stores and a gas station and a home on the water and a vacation home, of course, all in her name. As well, I have social media, magazine articles etc...with his name all over it and even a friend (he did not know) went into the store and he was there acting like the owner and working and even some ghost calls and was told: "Oh he's out on a delivery". Based on this FRO tries to send a notice to garnish but are told he's not on the payroll. So I continue to have to ask for support every month, as he never pays on time and he knows FRO won't do anything until he's 60 days late. He sends odd amounts on the 60th day to avoid FRO and to make it impossible for me to even attempt to collect interest on the late payments.
I have maintained the ownes is on him to bring a motion to change the level of support and that I asked for his NOA but without it, I can't agree to reduce the level of support until I know what our youngest is entitled to. So whats my best recourse? Would the judge look unfavorably on me, do i have a leg to stand on? What should I do?
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