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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex husband wants to lower child support payments due to

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My ex husband wants to lower child support payments due to our first child, 19 years old moving out. We have 2 children. I have no disagreement with lowering child support. He and I cannot agree as to HOW MUCH we should lower it to. I make 11% of what he makes. He refuses to send his tax/required financial statements to me and instead wants to calculate it on his own. I want the courts to decide. If I file a motion, can he refuse to send the information and if so, what happens then?

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, while he can potentially refuse to send you the information, if he does two things may happen, both of which are favorable to you. First, the courts may elect to choose to utilize their best guess estimates of what he earns and based support calculations on that--there you can elect to guess he makes far more than what he really makes and then he would be potentially stuck paying more than what he is paying now (which might be the reason why he is refusing to disclose, since it may be he earns enough now that he may owe you more money, even with one child). The second option may be that the courts end up finding him in contempt of court, for which they could admonish, fine, or even jail him. That would likewise not be favorable to him since the courts take it personally when someone refuses to answer their official court requests.

Good luck.

Dimitry K., Esq. and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

and after the courts get all the information, they decide what the amount would be, right?

Maggie,

Thank you for your follow-up. Once all information is obtained both parties, then the courts use the formal state guidelines to calculate each obligation and what the new amount should be. The amount calculated end up being the minimum that the parent is required to pay, although he is always free to pay more.

Good luck.

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