How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RayAnswers Your Own Question
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42327
Experience:  30 years as a family law lawyer .
Type Your Family Law Question Here...
RayAnswers is online now
A new question is answered every 9 seconds

I am going to trial this Friday, Prose, because my ex-husband

This answer was rated:

I am going to trial this Friday, Prose, because my ex-husband of 10 years is trying to lower child support for the 4th time when he owes $30k in arrears. He hasn't paid me since August of 2008, I have filed with the Child Support Enforcement in MO, but I want this judge to have no mercy. Do you have any suggestions on state laws that I can use to present at the time of my case?
Well you could seek contempt here This really is a math situation.He has arrears and you should get judgment.If you filed your own motion for contempt the court would hear it as well and might jail and fine him here.

See motion for contempt on payment here.This would be good state wide to use as form to draft your own motion .

Edited by RayAnswers on 4/1/2010 at 2:36 AM EST
Customer: replied 7 years ago.
Can I still file a motion for contempt if the trial is set for this Friday?
You can't get it served and heard by then.But the court here will deny his reduction because of arrears and you can still file later on.I think he has virtually no chance of having this granted because he hasn't paid anything.So you can take your time here and draft your motion and go file it and serve it.You should get judgment here for all you are owed.
Customer: replied 7 years ago.
I know that he has to have proof on Friday of why he is wanting the amount reduced. (The amount he isn't paying anyway). Can he just get it reduced because he has been "unemployed?" What things should I have prepared when walking into trial? W-2s? The Form 14 that he never filled when we went to the midiator in Jan 2009? All bills from extra cirricular activities, medical co-pays, medical/dental bills that he didn't pay 50% of? I want to look organized and prepared, but I don't want to over do it and spend all this time getting things together if the judge won't accept them?
You would want his 2010 tax return here.He has burden here to show change of circumstances.If he doesn't produce say tax return court should deny it here.Bring your current bills here--all the unpaid medical extracurricular stuff etc.
Customer: replied 7 years ago.
He refuses to show tax returns to me for any year. I doubt he will have them here. Should I have mine avialable? I have always been employed and have continued to provide insurance for both of my children for the last 10 years since the divorce. My income has increased because of a recent promotion, but I don't believe he should be off the hook becuase I have managed to support my children and just get by. He still owes, by court order, my last three attorney bills which I continue to make payments for. Will I ever get the money that is due to me from the arrears?
Yes bring all financial information.You just have to keep trying here.Child support eventually will suspend his license and passport and garnish if he is working.A stint in jail is real possible.
Customer: replied 7 years ago.
Wages have been garnished since the divorce. However, you can only garnish if employment has been communicated or filed with the courts. He WILL avoid his financial obligation at all costs. I guess I'm just at a point of frustration and I'm growing extremely impatient. It is difficult to fight when you are just trying to survive and put food on the table for your children. I hear about case after case of dead beats getting thrown in jail for a pitful $5k and he owes me over $30k! I just can't believe the courts continue to let him get by with this. I've been overly understanding of his unemployment issues and that is why, even though I was scared for my life of filing with CSES that (I hope) after Friday I will never have to worry about this again. How can he pay for an attorney when he can't pay for CS?
A true deadbeat dad here its going to take persistence.
RayAnswers and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you so much for your help and advice. You have given me direction and helped me on how I will prepare for my trail on Friday. I pray I have the strength I need to present my case.