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Advice on a Child Support Modify Order...

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MellowCat

Member
What is the name of your state? Texas

My 16 yr. old child went to live w/my ex-husband and his girlfriend/common-law wife in January this year. This was a mutual decision between ex and myself. We were only married 7 months; I left him before I knew I was pregnant. Anyway...

His "wife," who works as a paralegal, called to tell me that I would be getting served with papers to modify his child support to apply his payments to his arrearage as of when she began living there. She said the support would keep coming to me, but credited to his arrears (still having trouble grasping this). I told her I agree, since child is living with them now. She said if I agreed to everything, she would send me the legal papers to sign and return to her, negating the need to go to court. I told her sure, send them. I certainly don't expect him to have to pay for the time she lives with them.

I received the papers and didn't interpret the wording the same as what she stated; so I ran them by my attorney. He concurred that the wording could be interpreted in such a way that absolves my ex of any further child support from January till she turns 18, even though he's in arrears big time. He's having ex's attorney (incidentally, "wife" is also employed by this attorney) re-do the paperwork to be worded more clearly and accurately. However, my lawyer spoke to a judge friend of his who indicated this might have to go to court anyway because the judge said "it sounded weird." Now I'm worried. And wondering if my attorney is just trying to get some $$ off of me and make this messy. He dates my aunt, incidentally, but I think he still sees dollar signs.

To date, ex is roughly $6000.00 in arrears, maybe more. I had to get the Attorney General several years ago to garnish his wages just to receive the support; and even now the payments are becoming sporadic again. He only has to pay $185.00 per month as it is. He is also ordered to pay health insurance; he never has. My husband has always carried her.

My concern is this: I recently retired because of trust funds I inherited after the death of my father in April of this year. The ex knows I retired, and I'm sure thinks I'm "loaded" now, as does the whole world. I'm concerned that my finances will be exposed in court. My income is none of his or anyone else's business.

Additionally, could I be required to pay HIM child support, even though he darn well hasn't done his part while me and my husband struggled for years with little to no help from ex? He and his "wife" even both quit their jobs several years ago after her mother died and went on a big spending spree. I guess they spent it all and had to go back to work. I still got no child support during their "haitus from work."

I want what's best for my child, but I can't imagine the courts ordering me to pay child support to him when he is so far in arrears! I especially don't want my finances exposed, for MANY extraordinarily important reasons. What do you experts think?


Thank you for listening and for any responses.
 


LdiJ

Senior Member
What is the name of your state? Texas

My 16 yr. old child went to live w/my ex-husband and his girlfriend/common-law wife in January this year. This was a mutual decision between ex and myself. We were only married 7 months; I left him before I knew I was pregnant. Anyway...

His "wife," who works as a paralegal, called to tell me that I would be getting served with papers to modify his child support to apply his payments to his arrearage as of when she began living there. She said the support would keep coming to me, but credited to his arrears (still having trouble grasping this). I told her I agree, since child is living with them now. She said if I agreed to everything, she would send me the legal papers to sign and return to her, negating the need to go to court. I told her sure, send them. I certainly don't expect him to have to pay for the time she lives with them.

I received the papers and didn't interpret the wording the same as what she stated; so I ran them by my attorney. He concurred that the wording could be interpreted in such a way that absolves my ex of any further child support from January till she turns 18, even though he's in arrears big time. He's having ex's attorney (incidentally, "wife" is also employed by this attorney) re-do the paperwork to be worded more clearly and accurately. However, my lawyer spoke to a judge friend of his who indicated this might have to go to court anyway because the judge said "it sounded weird." Now I'm worried. And wondering if my attorney is just trying to get some $$ off of me and make this messy. He dates my aunt, incidentally, but I think he still sees dollar signs.

To date, ex is roughly $6000.00 in arrears, maybe more. I had to get the Attorney General several years ago to garnish his wages just to receive the support; and even now the payments are becoming sporadic again. He only has to pay $185.00 per month as it is. He is also ordered to pay health insurance; he never has. My husband has always carried her.

My concern is this: I recently retired because of trust funds I inherited after the death of my father in April of this year. The ex knows I retired, and I'm sure thinks I'm "loaded" now, as does the whole world. I'm concerned that my finances will be exposed in court. My income is none of his or anyone else's business.

Additionally, could I be required to pay HIM child support, even though he darn well hasn't done his part while me and my husband struggled for years with little to no help from ex? He and his "wife" even both quit their jobs several years ago after her mother died and went on a big spending spree. I guess they spent it all and had to go back to work. I still got no child support during their "haitus from work."

I want what's best for my child, but I can't imagine the courts ordering me to pay child support to him when he is so far in arrears! I especially don't want my finances exposed, for MANY extraordinarily important reasons. What do you experts think?


Thank you for listening and for any responses.

Technically yes, you should be paying him child support. However, it should be credited against his arrearages until those are used up, before you would actually have to start paying him any cash. For example, if he has 6k of arrearages, and you are ordered to pay him 500.00 a month, then you wouldn't actually start paying anything until 12 months had passed...and his arrearages would be gone at that point.

Its not wierd that he wants any future payments that he makes to be credited towards his arrearages rather than being treated as current support. That makes total sense to me. However it doesn't make sense to me that he is not asking you for child support. That is probably why the judge is saying that its "wierd".
 
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