My exboyfriend is going to court to modify child support order from $900 to $400 a month claiming hardship. ?

Question

He can easily afford it, he just likes to buy new toys & party. I found out he was cheating on me during my pregnancy & told him I wouldn't move in with him unless he cleaned up his act. Well, he didn't & decided he liked being "disneyland Dad" instead so I rented a room in house closer to my parents. The baby is 9 months old now & I've been on AFDC for a year. AFDC gives you $550 a month plus food stamps. If he would pay the court ordered amount we could get OFF welfare but he says he can only give me $400. Last month he gave me a check for that amount & I'm afraid to cash it because I don't want to get in trouble with social services. He picks her up one day a week & adores her. I'm grateful for that. I don't know what to do. Recently I saw his report to the court & he lied saying he has her 3 nights a week & we're "working on being a family" which we're not. Am I going to get screwed?

Answer 1

He still needs to be able to substantiate his hardships. If a judge sees that it is a result of his partying, or buying lavish toys, he will be ordered to continue to pay the 900. Go ahead and report your income to your case worker so they can calculate the arrears for the amount he shorted you.

Answer 2

You need to talk to your worker about this so they know.  Also, contact legal aid and go to the courts to get a custody order.  This custody order will give you custody and set his visitation schedule so the courts know when he actually visits her.

Answer 3

I'm not sure why you're on food stamps and welfare in the first place if you're getting child support. Are you working? Because you should definitely be working full time.  The only way that he can get his child support payment reduced is if he loses his job.  The courts don't give a d**n if there is financial hardship in a non-custodial parents life. If the father needs to work three jobs in order to get over his hardship, so be it. My ex tried to pull that c**p when he wanted to buy a house with some girl. The judge almost laughed at him.

Answer 4

Well since you are aware of the court papers. Just go to the court and tell them, that you guys are still separated and you are not with him. They will punish him in some sort of way Im sure- But if you agreed to it yourself , then you should keep your word.

Answer 5

Report what you've said here to both your social services case worker and the judge/court that ordered him to pay the $900. If the report to the court is factually inaccurate then report what is accurate to the court being very specific about the times and the dates deadbeat dad has had your child. Keep a record of any money you get from this guy(you should be safe to deposit the $400, he is the one that's $500 dollars delinquent). Get on the phone Monday A.M. to get the ball rolling because if you procrastinate you will be screwed(the court is going to judge this matter on what they hear from people..if they don't hear from you they'll assume everything is OK and that what he says is accurate).

Answer 6

talk to legal aide in your area, tell him you want Court ordered child support . Are you employed? if no Why not. How were you privy to his statement to the court? caseworker share it with you?  Let the judge know that you are not playing house and he only gets her 1 day a week. let the truth be known.   I also have an opinion about child support and I am a mom. raising kids and taking care of them is supposed to be  50 - 50 situation a family  if you will in a perfect world when that does not happen MOST no not all. think that they are somehow entitled to most of the money that the man makes to some how punish him or prevent him from making more babies or ever having another woman and relationship, this is c**p, I only wish that the child support laws would change and women would have to be held accountable for the funds that they get and the same rules should apply.   unless a mother is disabled she should be working to equally provide for HER children the man did not have those kids by HIS SELF and therefore should NOT have to be sole provider. PERIOD.there should also be NO money to support the woman. it is not ex wife( GF?)  and child support it is CHILD SUPPORT. and If the court says it takes 900 a month to support the CHILD NOT THE WOMAN , then you should get 50% of that money because the child is 1/2 yours. I know that is going to p**s you off that is why it is my Opinion.  

Answer 7

get a lawyer and I am praying for your daughter; doesn't sound like either one of your are fit parents.....AFDC is me...get off your ***, get a job and raise your daughter with morals and values and ethics.....so she will become a productive member of society

Answer 8

probobly, if you don't get a lawyer. If he has money, he'll have one.

Answer 9

$900 a month for one child?  Good Lord, what kind of money does he make?  Was that just an amount that the two of you agreed on or was it set by the court following the state’s child support guidelines?  If it was just an amount you agreed on and it's over what the court would have ordered then he can likely get it reduced.

Answer 10

Sounds like your getting screwed honey & not even enjoying it!

Mary in Camden, Michigan USA