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 JD 1992 Your Own Question
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33399
Experience:  Began practicing Family Law in 1992
11068102
Type Your Family Law Question Here...
JD 1992 is online now
A new question is answered every 9 seconds

My boyfriend filed a couple weeks ago. A couple months ago

Customer Question

Hi. My boyfriend filed for unemployment a couple weeks ago. A couple months ago he was ordered to pay his ex temporary spousal support based on his income and he was ordered to pay her $2500 per month which has put his finances in the negative. He has $100, 000 from his inheritance but needs to save it for his daughter's college and retirement. His attorney filed for a modification of support based on the change of circumstance with employment but the court date isn't until August. One family law attorney told him he doesn't need to pay her the $2500 on the support due date of the 10th even though they have not had the court date yet. She's already over spending her money as usual and may be evicted from the place she paid too much to rent. What do you think? Can he get in trouble for not paying her until the judge rules the new support amount based on being unemployed now? She does work.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, he can get into trouble for not paying when he is supposed to. You want to do what your lawyer says but until the judge changes his order then it is in place. Get it in writing from the lawyer.

Customer: replied 1 year ago.
Thank you...but why would a family law attorney of almost 30 years say he doesn't have to pay until the modification of support from the next court case is in place? The attorney said the worst that could happen would be for the judge to just order back pay. Keep in mind his loser ex doesn't even pay child support and he has 100 % custody.
Expert:  JD 1992 replied 1 year ago.

He may know the judge and that judge may not be very tough on enforcing order under these type of facts. I can't speak to that since I don't know he judge but your question was "can he get into trouble..." and the answer is, without question, yes, he can. It doesn't mean he will, but he can.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
also he got a set amount of $100,000 from his inheritance which is supposed to be for his daughter's college funds and his only retirement money. He was making a little over $90,000 per year and that's what the temporary spousal support was based upon. Now his unemployment will be $1900 per month which he is not even getting until the end of the month. Do you think a judge could order the same spousal support regardless of him losing his job since he has inheritance? We've been told they are supposed to disregard inheritance.
Customer: replied 1 year ago.
in reference to what you said about getting into trouble, what kind of trouble? He doesn't know the judge.
Customer: replied 1 year ago.
Also i will be sure to rate you. After that can i still ask basic related follow up questions?
Expert:  JD 1992 replied 1 year ago.

The judge could order the same amount but it's not likely. The inheritance doesn't count as income unless the person is just using it and not working. There is an article on it at http://family-law.lawyers.com/child-support/effect-of-inheritance-on-child-support.html

The inheritance can be considered as far as any arrearage.

However, there is a special type of trust that can be set up to take care of the child's college, etc. and he may want to look into that and if he decides it is the way to go then it would remove it from the equation.

Customer: replied 1 year ago.
Thank you for that. I was not aware of that info...if he sets it up as a college fund could he still use some of it for his own use of retirement and such? Is there another type of account that would make it protected that isn't related to college...something that he can withdraw money from occasionally for expenses while he is unemployed, etc?
Expert:  JD 1992 replied 1 year ago.

He could be found in contempt and put into jail. Again, it's not likely but it is possible. The judge can order that the amount paid be reduced retroactively to the time he filed the motion to Modify.

While your boyfriend may not know the judge, the lawyer likely does if he is telling him not to pay. Like I said, your BF would be wise to get the lawyer to put that into writing and then if the judge gets mad he can show it to the judge and the judge will turn that onto the lawyer and not him.

Yes, you can still ask basic follow ups. If it is a new topic then it would need to be a new question thread. Also, if you are a subscription customer I'd ask you to open new threads since it doesn't make any difference to you but it enables the website to track the topics.

You can ask for me on any question by putting it in the general Legal category (instead of Family Law) and then starting it with FOR DWAYNE B ONLY and I will pick up as soon as I see it.

If you're not a subscription customer then ask the follow ups in this thread and if it gets off topic I'll let you know.

The question locks open when you issue your Positive Rating though and will no longer time out plus I get credited for it then.

Customer: replied 1 year ago.
I'm so sorry i forgot to ask one related question. As mentioned, he is now unemployed and will be making $1900 on unemployment. She is employed and makes over $2000 per month in addition to the spousal support. She is a deadbeat mother with visitation of a few hours a month only to their 17 year old daughter. She is an impulsive spender and always has been. She just chose to rent a small studio for $2000 per month when she could have rented a room for at least half of that. He has filed for child support but there is no court date yet. She only buys their daughter a fast food meal or occasional clothing item/make up. She has not and does not contribute to her medical expenses, academic/cheerleading expenses etc. Is it possible the child support court could order her to pay $400 per month child support or more, and let it be her problem that she is over paying on a place to live? I've heard it is but I'm hoping. By the way, the attorney interviewed the daughter and has a signed declaration from her proving that her dad has full custody.
Expert:  JD 1992 replied 1 year ago.

Yes, the judge won't give strong consideration to what she is paying in rent when he is deciding what to set the child support at.

Customer: replied 1 year ago.
Oh so he can pay the original spousal support amount now and the judge may credit him later then based on when he filed the motion then? How much is a subscription for a customer?
Customer: replied 1 year ago.
Ok. Someone told him she can whine that child support would be a hatdship based on her rental expense etc. Have you seen cases like this in child support where the judge doesn't care about that?
Customer: replied 1 year ago.
did you see the question about other possible types of accounts he can put his inheritance in so it can be protected?
Expert:  JD 1992 replied 1 year ago.

Be back with you in just a second.

Customer: replied 1 year ago.
No prob. You're awesome!
Expert:  JD 1992 replied 1 year ago.

Thanks very much!

Yes, that is correct as far as the judge crediting him. He can also pay it into the registry of the court but the lawyer will want to do a motion to have that done.

The judge rarely cares that it is a hardship to the parent to pay child support unless the parent isn't working, has other children, leads a minimal existence, etc.

I didn't see that question about the funds before but I do now. He can set up other types of trust accounts but if he is going to ask the judge not to consider the inheritance at all because it is meant for his daughter's college then he actually has to do something to show it is set aside for that purpose otherwise the judge will just assume it won't be used for that purpose. However, if he is going to get custody then that isn't really going to be an issue.

Related Family Law Questions