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skyblue asked in Family & RelationshipsFamily · 1 decade ago

My daughters fathers wants to reduce his child support payments!?

I just found out that I have to go to court because the father of my daughter wants his child support payments reduced. For 8 years he had no problem paying his $500 a month child support obligation and providing her medical insurance. She is 10 so he did not help me at all for the first 2 years of her life. Well, 6 months ago he quit his job where he was making good money to work at a place making $10 an hour. He stopped paying his child support and has lied to me several times about her insurance coverage. First he told me that he was paying the COBRA and she had coverage. Then I found out that wasn’t true. In October, he told me that he added her to his insurance at his new job, and again I found out that wasn’t true. My daughter had ADHD and visits her doctor on a monthly basis and needs medication every month (which she has not had in the last 6 months.) Her last appointment was on June 1st and I recently received a bill in the mail for over $300 from the doctor because her insurance coverage ended on 5/31! My job does not pay for dependents coverage so I am responsible for the full portion of her insurance (which is over $600) so now I have to get her an individual insurance policy which will cost me about $150 a month. I already work 2 jobs to support my daughter and me. I received my associate’s degree a year and a half ago but I am back in school taking more classes to better myself. I am also working on starting my own business. I have NO family where I live so I do not have a family support system to help me out. I do not qualify for any government help, including Medicaid or even free lunch at school for my daughter. Her father does have a 4 year old son with his current girlfriend who also lives with him. I just found out that she quit her job and is not working. She has 3 kids (all 3 by different men) and I’m sure that they all are covered under Medicaid and receive food stamp benefits.

I do not feel sorry for him at all. As a man, he has a responsibility to support his family/children. He needs to make better choices. You don’t quit a job unless you have something better lined up! I’m nervous and stressed about going to court, how do I present my case to the judge so she can see that I really need this money?

Update:

Also, quitting my second job will not help me qualify for government assistance or low income housing. I'm already on a strict budget so I can cut back anymore.

Update 2:

I know some of you stated that if he wants to make $10 an hour thats his choice but he's already told me that he might go back to work at that same job again! I'm almost thinking that he quit that job to make less money for a reason.

Update 3:

Charles: I know what you mean. My daughters father bought a brand new Avalanche last year and I'm still driving my 2000 Civic. He brags about his 52" plasma tv, and I know he has a Wii and Playstation 3. He wears name brand clothing while he buys our daughter cheap quality clothes! He even has a Rolex. I lost everything in Hurricane Katrina and he did not even help me at all, not even once.

6 Answers

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  • 1 decade ago
    Favorite Answer

    You need an atty. If you can't afford one call legal aid. I have a similar situation with the father of my two boys. Their dad quit his job so that he wouldn't have to pay the amount of support he was ordered to pay and left my kids without medical ins. I believe the judge will take everything into consideration if you get a lawyer. Initially, when I went to court without one the judge treated both of us like we were less than. I observed the diff in the way he handled cases where the person had an atty. This is not just from my experience but others I know too with diff judges. The judge has mutual respect for the atty and client b/c they know every hour counts b/c your being billed so they take those cases first, show more patients, and if it more attention. The judges tolerance level is diff when talking to the atty as oppose to you when representing yourself b/c he feels like he has to pretty much act as your atty b/c you don't have one, nor do you understand your rights or what to say. Please get an atty. Even if you have to pay something it will be worth it in the end. When I came with my atty the next time the judge acted completely diff and I didn't have to worry about saying anything on my own behalf so it reduced my fear and stress level. He took our case b4 people without atty b/c of billing factors and when I thought of something that needed to be said I wrote ot on the note pad between my atty and I and the atty would view it and speak on it for me. Everything in my case didn't come out exactly the way I wanted it to, but the peace of mind was well worth it. Currently, I'm unemployed after having worked making very good money, I have my M.S. Degree and also trying to start my own biz. My kids are now on medicaid and I'm living off unemployment benefits. I haven't even been able to pay my mortgage and their dad is not paying what he was ordered to pay. So I'm going to take him back to court although he is self employed now and claims he's not hardly making anything. However, my kids and I are still in home, still have car, able to eat, and utilities get paid. They even play sports outside of school. The real reason for us being sustained is b/c I have faith in God and he has supplied all our needs, wants and desires. I should have lost my house long ago but I didn't, I don't even know how we made it this far but when I felt the most fear not knowing how I would even feed my kids God showed me he was true to his word. He said he would never leave me nor forsake me and he hasn't. He also told me that the job I lost was not my source nor was their father. God is my only source and he proves it to me everyday. I can't depend on their dad nor can I depend on my degrees or what I thought was secure employment. I was struggking when I had a good job and now that I have no job I'm still making it. My boys and I don't lack anything. I even pay tithes from my unemployment checks and God continues to supply. I don't know where the money comes from seriously. I just know he is the key for me and I think he could be for you if you trust and believe in his word. Have faith that he is going to take care of you and your daughter no matter what your situation looks like. You got to ignore what people say and do and only focus on Gods word. That's where your help will come from. I didn't intend on saying anything about God to you but as I started writing it just came out and I really couldn't help myself. I don't mean to offend anyone but truthfully this is what worked for me. Actually the atty could not get me these results. My case in court ith my ex was years ago and to be honest that man stopped paying what the court ordered him to pay way back in 2005 and I never took him back to court b/c I didn't want him having control over my emotions. However, I have decided to go back to court and I will be seeking an atty from legal aid. Normally I would fear this situation just like you b/c he has puled so much mess dealing with money over the past few years, but I am at peace b/c I know that no matter what happens God is going to make sure me and my boys are doing well. I'm going to pray that God will give you faith in him and peace of mind and remove all fear and doubt. I pray that God blesses and care for you just like he did and continues to do for me. Again, if I offended anyone with my response I apologize.

    Peace & Blessings

  • lkl
    Lv 7
    1 decade ago

    It's all based on a scale. A set scale. I know someone who tried to get more money after 5 years at 540.00 a month plus medical insurance as per the divorce and when they went to the CSEA for the hearing all pay stubs taxes from the prior year etc had to be produced as well as the divorce decree.

    Now this lady went to court expecting more money and because she had more income than when the decree was stated, they reduced her support to 20.00 less a month, the father was gracious enough to say let it go and he continued the same amount till the child turned 18. Now w/ Child support you can collect till the child reaches 23 providing they are in school full time However in the case I know, the child has to get the school to fill out the paperwork saying he was a full time student and then submit it to CSEA and the child didn't want involvement in the parents finances and refused to get involved and the mother ended up having to pay all the tuition and got no support for this kid.

    So these things can get very ugly, just hang in there, the fact that you don't quualify for aid is a good thing, it shows finacially even if tight you are able to privide for your child. The decisions the father makes are his problem, even if it affects you, it's his choices if he wants to make 10.00 an hour, it's ridiculous but no laws on stupidity. Sorry about that situation you are in.

    You do seem to have it together and that is what your daughter needs as a role model. The same sex parent has the most impact on the child. I'd advise you not let your daughter do without medical care, make monthly payments but do not let her go without the care she needs. That's not right at all. Sell what you have to and get another job, but she shouldn't have to suffer.

  • Sue B
    Lv 7
    1 decade ago

    I'm sure all you really can do is make sure you point out the fact that he has a live in. I'd do all I could to MAKE SURE of your knowledge that this lady he's with is on welfare and has medical and food for all her kids. ( and HIM too). But your going to have to PROVE it.

    The courts go by a wage scale when it comes to child support. You nor they can force the man to keep working where he was. Maybe he wasn't happy there. In order to live and make a living, it's best to do what makes you happy. You need to be glad he is at least working.

    You can summon te court during the court date to make him pay the doctor bills your daughter has incurred.

    If he makes $10 and hour, they'll go by their state max for support. He has to prove why he can't pay the $500 any more. I don't know that a court will find that $500 a month for a child at $10 an hour is fair to him.

    I'm on disability. They expect me as an adult to live on $600 a month with only medicare as my insurance and I have over $900 a month to pay on my meds!! They don't care!!

    Maybe if your support is lowered, you have to do some changes. Like stop your second job, and draw welfare. Get food stamps and free medical for her. You'd also then qualify for low income housing. ( unless you own your home).

    Good luck

  • Anonymous
    1 decade ago

    Yeah, I know what you are going through. When my daughter got a divorce from her husband, he went to court and boo-hooed to the judge that he didn't have any money to pay child support. So he pays $280 a month on two kids. AND YET, he has a new truck, a Wii, an X-box, and a playstation 3 with every game you could possibly want. He refuses to get a better paying job because he doesn't want to pay more child support. What a man. When you go to court, just be honest with the judge. His verdict will all depend on the impression you make on him, it has nothing to do with fairness or justice. GOOD LUCK!

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  • Anonymous
    5 years ago

    He can certainly try, but that doesn't mean the judge will go along with it. If he pays child support then he can claim her on taxes to some extent. Also, if she doesn't have medical insurance and he can put her on his then that is perfectly reasonable. Also, unless your parents are making you pay rent, then he has a valid reason to request eh payments be reduced since you no longer have that expense.

  • 1 decade ago

    Its all up to the judge,I just hope he sees through your ex's bullsh*t.There are too many guys that pull this crap on women and it needs to end.GL

    Source(s): My fiance's ex pulled this crap on her,and never ever paid.It became to costly to keep going back to court,so he has not paid for 9 years.These frigan guys need to know that these are their kids and they need to step up to the plate and help out the mother.
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