What is the name of your state (only U.S. law)? NH
Yesterday I had a hearing on my motion for contempt against my 3 year old sons father. During the hearing my ex admitted that he could have paid but has chosen not to. He asked the judge to lower his support obligation because he "could barely afford to take care of himself let alone his newborn twins". The judge told him she couldn't do anything about that and he would need to file a motion for modification.
Our last order was entered in July of 2007. NH requires 3 years for a modification without significant change in circumstance. The only change is that he he's quit his job to avoid wage garnishment.
My question is this: Since he has admitted to being intentionally unemployed, when he files a motion for modification, can I file a motion to dismiss? I don't feel like I should have to take time off work and pay attorney's fees to go to a pointless hearing where his support obligation will not be lowered.
Yesterday I had a hearing on my motion for contempt against my 3 year old sons father. During the hearing my ex admitted that he could have paid but has chosen not to. He asked the judge to lower his support obligation because he "could barely afford to take care of himself let alone his newborn twins". The judge told him she couldn't do anything about that and he would need to file a motion for modification.
Our last order was entered in July of 2007. NH requires 3 years for a modification without significant change in circumstance. The only change is that he he's quit his job to avoid wage garnishment.
My question is this: Since he has admitted to being intentionally unemployed, when he files a motion for modification, can I file a motion to dismiss? I don't feel like I should have to take time off work and pay attorney's fees to go to a pointless hearing where his support obligation will not be lowered.
