Could a judge not require my ex to pay 50/50 child support add ons? Despite it being previously ordered.

Question

My ex claims because he pays child support he  is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have to pay any child support add ons and potentially reduce his child support obligation. I did all the necessary steps to get reimbursement for add ons but he refuses to pay. Now we are going to court to enforce the order. Could the judge grant in his favor to not reimburse me even though the original order by the same judge stated he pay an x amount and 50/50 child support add ons.

Tobie B. Waxman · Answer

A court order is a court order.  It remains enforceable until and unless it is modified.  In your question you state what your ex's position is, but it's not clear whether this is simply something he says, or whether he has made a formal request of the court to grant him some kind of relief.  Without such a request, again, the existing order is the order of the court and it is expected that the other party comply.

James L. Arrasmith · Answer

Once a court order is issued regarding child support and add-ons, it is generally legally binding unless modified. During a court hearing, both parties can present their arguments and evidence. While a judge may consider a parent's financial circumstances, the ultimate decision will be based on the best interests of the child. It's important to consult with a family law attorney who can provide personalized guidance based on your specific situation and represent your interests in court.

Q: Could a judge not require my ex to pay 50/50 child support add ons? Despite it being previously ordered.