if we have been paying weekly what we can about $100 per week is all we can afford right now, when the payment is $257 per week can my husband still be arrested if he is showing he is making some sort of steady payment? How do we lower the child support if both children are in school and no longer in need of daycare?
fort lauderdale, Florida
nothing yet except an agreement between the ex wife and my husband. Need to know what steps to take to do something the correct way. Ex- wife threatens not to allow him to see his children ever. She only recently let him see them. She is using his children as a bargaining chip. He does not make very much money a week and it is a struggle to send even $100 but we make sure it is sent if we have to default on other bills. How much does someone have to be behind before it becomes criminal? And what can we do to avoid that. He's not a bad man and he wants to make things right, but money is tight and we cant afford the whole payment. What should we do?
Thanks for your questions You can motion the court here to lower support. this would be a change in circumstances(no daycare) to warrant a reduction. And yes always make some regular payment. It does show good faith and it may very well save jail time. It is very hard for a judge to threaten jail when regular money is being paid here. Too many folks just totally quit paying here. Any small regular payment is better than nothing. But you have good cause here to ask for a reduction in this matter because of daycare. You can give this a shot yourself.. You really don't have anything to loose and much to gain..Here's instructions and forms to help you file yourself..http://www.floridadivorce.com/forms/petition%20to%20modify%20child%20support.pdfRayAnswers39722.573806331
If we are out of state do can we do that where we live or do we have to go where the case is?
You have to file where the case is. The coutr would have continuing jurisdiction to here your motion. The forms I gave you would work pretty much anywhere. Just copy the heading with names, case number, etc off of the orders in the case..
29 years as a family law lawyer .
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