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Motion To Change Child Support

 
 
pitario
 
Reply Fri 13 May, 2016 07:10 pm
Hi everyone. I have just received a motion to change from my daughters father. My daughter is 15. She has not received any support from her father until almost 2 years ago. This was finalized with a court order and is enforced through FRO. When my daughter was born he threatened to quit his job and work under the table to avoid child support. Long story short, I raised her myself due to a lot of red flags. She started having a relationship with him about 3 years ago and it did not turn out well. He paid support, no court order, until she decided she didn't want the relationship. I took him to court and started receiving support.

He is 56 years old and just retired from his job. He has submitted a motion for a change in child support amounts. He is offering less than $79.00/month, a substantial decrease. His financials say he is only receiving 750.00/month in pension. It also shows that he owns a home, free and clear, worth 500,000.00, and a tax free savings account worth over 56,000.00, 2 vehicles valued at a total of 20,000.00, also free and clear. He show a debt of 38,000.00 on a line of credit which he pays 130.00/month on (note: this is more than child support offered). This persons liquidatable assets are over 600,000.00!

He attached a letter from his GP, who has at least 21 malpractice charges (yes charges...it's on the College of Physicians website) against him. In the letter the GP states the father is unable to do his previous labour job due to arthritis issues. The letter also states the father has been suffering a mental health issue for several months (the mental health issue claimed cannot be diagnosed for 2 years concurrent suffering). The doctor states "he is considered disabled". He also says that the father has great difficulty in keeping up the day to day tasks of his home (it is a 2 storey 3 bedroom home on a large lot). The letter was written on plain white paper, not proper letterhead (at least what you would consider proper coming from a doctor). I have great suspicion about the authenticity of this.

This man's financials are a mess. He claims nothing but phone, cable, internet, taxes...that sort. He has no medication expenses (remember...disabled) he reported zero for auto gas...he drove to my home the day he submitted the papers to the court house...that was a court violation from our first court case...my daughter and I were outside when he arrived and the court order says no contact with daughter.

I could go on but I won't, it is a nightmare. If there are gaps in my story I apologize, just ask and I will answer.

I am asking this because I feel I am going a little nuts Smile Am I the only one who thinks he nuts in opening this can of worms.

Thanks for reading, if you got this far.
 
roger
 
  3  
Reply Fri 13 May, 2016 08:03 pm
@pitario,
I'm sure you're going to need legal representation, If there is past due child support owed, be sure to mention it. That kind of thing is probably very hard to get out of.
pitario
 
  2  
Reply Fri 13 May, 2016 08:13 pm
@roger,
He has not paid child support since the beginning of April and that payment was only one third of what it should be. I reported his pension information to Family Responsibility because it was in his financials...not the sharpest nail in the shed. In the paperwork I received he claimed that he paid a lump sum to Family Responsibility in March and there is nothing outstanding.
0 Replies
 
PUNKEY
 
  4  
Reply Sat 14 May, 2016 10:07 am
The burden of proof for lowering his support will be for him to do - in front of the judge or the mediator.

What does your lawyer suggest that you do?
bobsal u1553115
 
  2  
Reply Sat 14 May, 2016 01:43 pm
Listen to Punkey and roger.
0 Replies
 
pitario
 
  1  
Reply Sat 14 May, 2016 05:06 pm
@PUNKEY,
I don't have a lawyer yet but I am working on it. So does that mean his assets will be considered? He has attached a copy of his company pension but he hasn't applied for any disability. I truly believe he either paid this "disgraced" doctor or he forged the letter himself.
bobsal u1553115
 
  3  
Reply Sat 14 May, 2016 10:46 pm
@pitario,
The laws are complicated between states. He can be compelled to pay many different ways depending on states, he can be denied a professional license, drivers license; have social security, pensions, annuities pay it; have vehicals and homes liened; be arrested for contempt or failure to pay - all sorts of things and his arrearage can be collected till the day he dies and his estate is settled no matter how old your daughter is.

Do yourself a big favor: listen to punkey and roger and and talk to a lawyer. A family practice lawyer will consult for free or you can pay a $100 or so dollars for a hour or so for further advice, There are also child support/support groups that can advise you on your state laws for free or a minimal fee.

Go talk to a lawyer.
0 Replies
 
 

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