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Ex-wife sent me an email saying she no longer wants child support. Is this a plot to try to get more money at a later date?
Anonymous3 views3 answers
50/50 custody. 8 years left of CS. In current Court Order, Ex-wife's income inputted at $4k/mo based on her past work experience, past recent income & ability to earn. She's working a part-time min wage job & living in boyfriend's house in a wealthy neighborhood. She has taken me back to court/DCSS 5 times in 3 years to try to get more money and the $4k imputation removed. Last year, Judge ruled no change in circumstances regarding her imputation. I find it hard to believe she's doing this out of kindness since she constantly takes me to court to get more money. Is it possible she's doing this so she can go back to Court/DCSS in a month and ask for a new CS order based on her min. wage job instead of her $4k imputed income? My CS would significantly increase. How do I protect myself?
Brian Daniel PerskinDivorce / Separation LawyerNew York, NY ·
Do not stop paying until you have an Order modifying your current obligation. If she brings it up, simply tell her you are going to continue to abide by the current order. Hire an attorney if she has you served with any documents.
Could it be calculated to avoid the changed circumstance requirements? Yes. It would go something like this, the two of you stipulate to a zero support order and have it entered as the new order. Because you are reducing your child support below the guideline, the changed circumstance requirement no longer applies. A request to modify a below guideline order can be made at any time for any reason. You would then bear the burden of proving anew that she has the ability and opportunity to earn the $4,000 currently imputed to her. Quite an effective approach to shifting the burden from her to you.
Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
By paying exactly the amount you've been ordered to pay, until a court changes the order. Otherwise, you're running 10% interest per year on unpaid installments.
Once a year, ask for, and get, an acknowledgement of satisfaction of judgment (matured installments) from her, file it, and if she's recorded a support lien, record it, too
