Date: September 13, 2017 11:22AM
I apologize for posting off topic but I wondered if anyone reading this could give some general legal advice.
My ex-husband's monthly child support payments were calculated on a relatively high-paying job that he had at the time, a few years ago. Since then, he has had a number of jobs that don't pay as well -- but he never had the child support adjusted through the system. (Child support is collected through ORS, as my ex owes probably seven or eight grand in back support at this point). Each month that large amount owes just goes on the balance, as he works and slowly wittles it down.
Today his attorney emailed me a spreadsheet, detailing my ex's employment, basically saying that this is why he does not owe all of the back child support his paychecks are currently being garnished for.
My question is -- is there legally a way for him not to have to pay back child support, if he never bothered to adjust the amount? I think his attorney is just trying to get me to say I'll waive the back support, although I am under no obligation to do so.
Thanks in advance for your input. :)
Date: September 13, 2017 04:09PM
> My brother made the same mistake in California.
> Instead of going to Child Support and reporting
> his changed circumstances, he did nothing. He
> didn't have the money to pay and wasn't
> functioning well enough to report it to Child
> Support. The back child support grew and grew.
> It was my understanding at the time that in
> California he could report his changed
> circumstances to the court and have current child
> support adjusted, but the back child support was
> his problem. It didn't really seem particularly
> fair to me, but courts make decisions that don't
> necessarily have to have anything to do with
> He died without ever recovering. His ex wife got
> his retirement and whatever else. Water under the
In some ways it seems harsh, but in other ways it seems reasonable because (particularly if the child support has been up-to-date but even if in arrears to some degree) the manner in which the other parent provided for the child was, in part, contingent upon amount of child support as constituted. (Karate lessons may have needed to be stopped until the other parent figured out how to pay for them, for example, with reduced child support.) It wouldn't necessarily be fair to make the change retroactive.
Date: September 13, 2017 05:40PM
Rubi...what it sounds like to me is you are asking the people of this board to predict what a judge will declare, in the future, in court, if your ex's lawyer petitions for a reduction of his debt because of his change in employment. No one, even a lawyer, can possibly know that. It sounds like his lawyer is trying to settle out of court to save you both time, attorney fees and court costs. You can get yourself an attorney and they will help you make a decision if you should negotiate this out of court or go to court. By sending you spreadsheets he's just showing some evidence he thinks will bolster his case in court. Whether it does, no one knows. I hate to be redundant but no one knows how a future court case will turn out. Get an attorney and listen to their advice then make your own decision.
Date: September 13, 2017 06:03PM
Don't worry, in Utah the system automatically absolutely despises the divorced male parent.
The system expects that every man's income is automatically steeply going up even if the economy is badly tumbling downward and slips into deep recession or even depression. They expect the man to be able to keep his job and / or readily find a new job that pays him tons more no matter how trashed up his employment history (and criminal record) is by false arrests and jail time due to any allegations that an angry spiteful female former spouse makes.
how ever, IF your ex husband does manage to come up with a higher paying job in spite of prevailing poor economic conditions ( of the last decade) the state will readily jack up his child support obligation faster than you can say "your honor". If he loses that new higher paying job the very next week because his new employer went belly up then too bad for him, his child support obligation is never going back down.
The system is inherently male loathing. It is perfectly willing to devastate and destroy any divorced male former parent as a person for amusement on their whim. Just come up with the slightest negative commentary on your former husband and the system will take over and go after him like rabid wolves. The negative commentary will not require the slightest semblance of veracity or any proof or any foundation in actual reality. If you say it, regardless of what it is or how outrageous that it may be, it is automatically fact. That grand american notion of innocent until proven guilty is simply is pure idealistic hoopla (garbage) that does not apply to divorced men.
as well, the system will never require you to do anything to prove that you actually spent any of the child support that you receive on the children.
best of all, after the system has destroyed your ex husband's ability to function as a person /individual, they will still be perfectly happy to chide, mock, and ridicule him for not being able to keep up and fully function as an ideal parent.
Date: September 13, 2017 06:02PM
He forbade me to consult an attorney on my own ("If you do, even once, I will know about it, and I will HURT you! Don't try to sneak behind my back.") He had a long history of abuse, so I believed him.
He demanded primary custody, and I (who had been essentially a single mother for the first 11 years of my son's life) was given a weekend visit twice a month. And the ex demanded that I present him ahead of time with a written list (subject to his approval) of every activity I had planned for son and myself.
I had moved to NM while son was in his teens. As soon as he turned 18, he moved out here himself. He has lived here ever since, for more than 20 years. He barely speaks to his father.
I didn't understand why the ex would want custody, since he never lifted a finger to do any kind of child care himself. Current DH explained that the ex did not want to have to pay child support. (This is totally consistent. The ex has always been a money-hungry monster.)