Hi. I would like someones opinion on this.
My girlfriends ex-husband is taking her to court next month to try to have the child support, among other things he pays, reduced. It's currently at $300 a month for maintenance and 53% of child care, etc for the 10 year old son they had while married. Her and him agreed to this amount of support back in early 2007, although he should have actually been paying more as per the guidelines.
Anyway, he's representing himself now as his lawyer withdrew in January after, I assume, lack of payment. The gist of what he's saying in the court papers he filed is that he is having financial difficulties paying the $300 a month and would like it reduced as his circumstances have changed and has three other kids living with him and his new wife full time (one child is hers from another relationship and two are theirs). He claims her child is now his but I don't really know if he's saying he adopted him or what. His wages are being garnished at $425 a month until he's caught up and the MEO says they'll probably keep garnishing his wages after because he had two chances to voluntarily pay before garnishment started and chose not to. He's also refusing to pay for child care now as he hasn't paid a dime since last July, but of course this isn't mentioned in the filed papers. In them he says that he shouldn't have to pay child care because his new wife said that she could look after their son before and after school and thus wouldn't have to go to a sitter (the son isn't mature enough yet to be at home by himself). This is the same wife who flies off the handle every time she see's my girlfriend. I'd love to know why they think she should be the one looking after him just to save them some money. My girlfriend and I do not live together, whereas him and his wife do and his income alone is still more than hers (my girlfriend).
Also, he wants his arrears for support cancelled, which they claim is $500 but is actually more like $760, because he goes to school in an apprenticeship program for two months each year (although this will be coming to an end next year). He claims that this is why he's behind on his payments.
One more thing is that he thinks his new child support payments should be based on his 2010 income (he claims his income is quite a bit lower now than when the original documents were made in 2007) and not 2011, which is at least 2K more than the previous year. My girlfriends lawyer has said that when they file they will be asking for a copy of his 2011 T4 and a pay stub from this year.
He's also claiming that he has his son more than 40% of the time because of the current weekend schedule, which is BS. He has him 141 days a year, max.
I don't get how he can show up in court with all this garbage and get away with it.
What do you people think? Does he have a chance of actually getting his support payments reduced and his arrears erased?
My girlfriends ex-husband is taking her to court next month to try to have the child support, among other things he pays, reduced. It's currently at $300 a month for maintenance and 53% of child care, etc for the 10 year old son they had while married. Her and him agreed to this amount of support back in early 2007, although he should have actually been paying more as per the guidelines.
Anyway, he's representing himself now as his lawyer withdrew in January after, I assume, lack of payment. The gist of what he's saying in the court papers he filed is that he is having financial difficulties paying the $300 a month and would like it reduced as his circumstances have changed and has three other kids living with him and his new wife full time (one child is hers from another relationship and two are theirs). He claims her child is now his but I don't really know if he's saying he adopted him or what. His wages are being garnished at $425 a month until he's caught up and the MEO says they'll probably keep garnishing his wages after because he had two chances to voluntarily pay before garnishment started and chose not to. He's also refusing to pay for child care now as he hasn't paid a dime since last July, but of course this isn't mentioned in the filed papers. In them he says that he shouldn't have to pay child care because his new wife said that she could look after their son before and after school and thus wouldn't have to go to a sitter (the son isn't mature enough yet to be at home by himself). This is the same wife who flies off the handle every time she see's my girlfriend. I'd love to know why they think she should be the one looking after him just to save them some money. My girlfriend and I do not live together, whereas him and his wife do and his income alone is still more than hers (my girlfriend).
Also, he wants his arrears for support cancelled, which they claim is $500 but is actually more like $760, because he goes to school in an apprenticeship program for two months each year (although this will be coming to an end next year). He claims that this is why he's behind on his payments.
One more thing is that he thinks his new child support payments should be based on his 2010 income (he claims his income is quite a bit lower now than when the original documents were made in 2007) and not 2011, which is at least 2K more than the previous year. My girlfriends lawyer has said that when they file they will be asking for a copy of his 2011 T4 and a pay stub from this year.
He's also claiming that he has his son more than 40% of the time because of the current weekend schedule, which is BS. He has him 141 days a year, max.
I don't get how he can show up in court with all this garbage and get away with it.
What do you people think? Does he have a chance of actually getting his support payments reduced and his arrears erased?
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