Father Retires in Order to Pay Less Child Support

[cfm001]

My question involves child support in the State of: DE

My exhusband has taken an early retirement from his job at the age of 51. He had 15 years of service. He therefore has reduced his income by over $60k per year and lost his medical insurance coverage which only cost him $55 per month (he was under court order to pay for son's medical - which he cancelled early without notifying me).

He has submitted for a child support modification both to be relieved of being responsible for our son's medical insurance and to lower his child support. Our court hearing in front of a commissioner is in two weeks.

I know he cannot voluntarily leave employment in order to reduce his income and therefore reduce his child support - but I would like to go into court fully prepared. We are both pro se at this point. I have already taken over the medical insurance which is at a much greater cost to me and I've recalculated the support and there is not a 10% change in child support so it won't matter. Mediator didn't seem to care he cancelled son's medical coverage early and prior to the mediation date. I was told to file a contempt order - which I'm just not going to bother with.

My concern is that his income is now so low that I fear he may able to pay zero child support? He moved away years ago and does not see his son at all and barely has any contact with him. He has no other children.

Again:

1. I need assistance in finding whether there is a minimum of child support an individual must pay - his retirement brings in about $2,500 a month - my income is now more than his - previously he was making about $30k more per year than I was.
2. Is there any case law for Delaware (I can find cases for other states) that may assist me in court so that the court keeps his income at the same level as when he was working and thus not reduce his child support.
3. Will the Commissioner care he dropped son's medical insurance without telling me while he was under a court order? I was asking at mediation that he pay for the one month of insurance costs when he was still under court order. I agreed to take over medical at mediation as I didn't have a choice - I had to put my son on my plan expensive or not.
4. Can I appeal the Commisioner's decision if he allows him to drastically reduce child support?

It just seems unfair that I am now strapped with hundreds of dollars in medical insurance costs and now possily getting reduced child support because he's trying to get out of any responsibility.

Thank you.

[cbg]

Just because he requests a modification doesn't mean he's going to get one.

[cfm001]

Yes I understand I'm just nervous as I've recently discovered he has become Trustee of his step mother's accounts and is drawing income from those duties (I kept a copy of the trust document and will).

I guess this is how he's able to retire at 53. My divorce attorney has requested copies of bank statements etc but I don't expect him or his attorney to submit anything without being forced (based on past history of dishonesty). Our divorce is in another state and I'm doing child support Pro Se in state I live in as is he Pro Se for Child Support.

Any further advice other than showing the judge the trust document proving he is entitled to income as trustee of her accounts? I know for a fact he's used at least $20k of her money over the summer alone but I can't prove that....her friends assisted him with his step mother's care while he stole her money and didn't care for her. She's now in a home and he's refusing to tell anyone where she is.

Again thank you for any advice.

[Mr. Knowitall]

The trust is presumably filing tax returns and should have records of its assets and distributions. You can discuss with your lawyer the discovery mechanisms for obtaining information from the trust.