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This is not necessarily illegal, but it can be contemptuous if the court makes a finding of contempt. You can file a motion for contempt against him for failing/refusing to pay the court ordered child support.
He would need to file a motion to modify his child support obligation in order to reduce it so long as the court order is still valid. I'm assuming there is no provision in the current order allowing him to reduce his support as he has.
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There is no provision for him to reduce the amount of child support. Can I ask that support be paid through the court system without getting an atty?
If you are talking about wage garnishment, where his employer deducts the amount he owes you for child support from his paycheck and then sends the payment directly to you, yes you can ask for this. This would likely be ordered in your situation where he has fallen behind before, and it sounds like he is intentionally withholding part of it now. Although it is always better to have an attorney represent you in these types of situations because they are most familiar with the system, you are not required to have an attorney.
The answer I received is very vague. Maybe my question was too. I was hoping to have an answer that would help me decide if I should hire an atty.
Oh, I apologize. I do believe that this is something you could initially handle on your own so long as you are confident when you go into court. It is important to have notes on what you want to make sure to tell the court.
If this is solely on child support issue, then it is more black and white than say something like a modification of parenting/custody.
If the issue evolves into more than just him refusing to pay the court ordered child support, then you would want to have an attorney representing you because then it is not so black and white of an issue.
Because he is not currently employed but is still receiving his full pay (severence) can I request that the court be the middleman so i dont have to go to court again for the same issue?
I was curious to know if he could be required to send payments through a service rather than garnish wages.
Thank you i'll check it out.
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