Q: Child's father is in contempt of court for not paying any child support in 2 months and has filed to make payments less.
My children's father has immediately filed to have child support modified after recieving notice of being in contempt for not only not paying a dime in 2 months, but also for not showing up. I have also filed a short time ago a contempt for him not following temporary custody, he hasn't seen kids in 10 consecutive weeks even after i have notified him consistently. His reason for modification is he claims he doesnt make enough to make payments. Considering all factors stated what is the likeliness that the support will be modified?
What can i do to contest to keep the same knowing that he can make the payments? The payments are 250 twice a week and a few weeks ago he spent 200 on kids for school necessities. But he claims he can't afford the payments.
Thanks
A:
If you have knowledge of his income (from whatever source) and his spending habits, then you can certainly tell that to the support officers and/or judge. No way to give you "odds" of his success in modifying the current support order, though -- each case is decided on its own merits. He'll have to show a change in circumstances, likely, since he's filing to modify support so quickly, so you could suggest to the judge that there have been no changes since the last order.
Best of luck to you.
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