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  • Undue Hardship

    Has anyone here every gone to court for undue hardship? My ex stopped paying CS last year, FRO garnished his meger wages in Jan. He is now claiming undue hardship because of this garnishment and because he moved 2 hours away from our city. This is my 4th time through court since 2008 so I'm not new to everything, but I don't know what to expect from this. He's asking for the child support amount be reduced to $0, rectroactive back to when the original settlement offer was signed.

    Due to economic circumstances and being in a automotive city we don't make very much (both me and my boyfirend were laidoff) and I rely on the little bit of CS I get. I'm not asking for more but I'm wondering how successful he would be at getting it reduced to nothing.

    Any advice on undue hardship or personal experience?

  • #2
    Originally posted by MommaMouse View Post
    My ex stopped paying CS last year, FRO garnished his meger wages in Jan.
    How much are we talking about?

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    • #3
      He supposed to pay around $150 makes $1200/month. I get $1000/month on Onatio Skills development. They are now taking $275/month till he pays the nearly $1800 he owes.

      If I were working I wouldn't collect, as it's such a small amount he makes and pays but right now I depend on every penny.

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      • #4
        How much time does he have the children? Is the $1200 before or after taxes? Does he need to drive?

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        • #5
          He stays at his moms and I drive the kids there and pick them up, $1200 after taxes. He has them EOW and wednesday every other week. His house he only stays at part time in the summer. Goes there once every two weeks. He claims he stays at his moms for financial support. Not saying that's true/false thats just what he claims. The truck he drives to and from his moms although was bought with money from our divorce is in his moms name so it is not an asset. Therefor his only asset is his house.

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          • #6
            So your making less than him, doing all the driving and he does not really pay rent from what it sounds like (though not sure about the details about his place). Somehow I do not think he is going to be successful with his attempt to win this, but that is just a thought from the details provided.

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            • #7
              To show undue hardship, you have to first show special circumstances that create an undue hardship. At first, I thought he would argue unusually high access costs, but it sounds like you have the access costs, if you do all the driving. (Make sure you have records of that!) Other reasons might be unusually high debts from the relationship or incurred to earn a living or that he is supporting another child.

              Secondly, he has to show that his household standard of living is lower than yours. So, if the judge accepts that he has some undue hardship circumstances, you'll have to disclose your partner's income. He might or might not have to disclose his mom's income. They also look at assets and lifestyles.

              It is really really hard to prove undue hardship.

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