Can a Zero Support Be Done

My question involves child support in the State of: WV



We don't believe this; I told my hubby it doesn't seem possible. I think his ex is just trying to get him to do something she wants. DH has 2 kids 12 and 10 with his ex. She is in MY opinion always been about the money. The court order isn’t enough it should be more. I know someone paying this much or that much. You should get a second job and pay more etc. She also is responsible for 1/2 the kids travel from WV to FL for summer visits. She has tried to get this modified twice and both time the judge refused. Just as hubby has tried to get CS modified during 3 month summer visitation and the judge refused. Hubby has been out of work since 2/2010. Has had 2 spine surgery’s and we are waiting on #3. She has been receiving her court ordered support for the whole time. IT is low now don’t get me wrong, neither work. It’s based on her having a min wage job and hubby is based on a part time min wage job plus VA disability.

Well it’s been going on 3 years he hasn’t been able to work because of pending surgeries, then surgery, then recovery, now pending a third. It’s through the VA the Dr doesn’t want him to work because he had a fusion that was unsuccessful and he could break the hardware etc. Well they are so over booked first available surgery was scheduled for August next year. Now they are working on November 2013!! So I can't do it all anymore, I have 2 children (CS is impossible for me Ex has been MIA for years moved out of state) and we have one together. We had been trying to pay his support (I know NOT my responsibility but he can't work and WE can't make it without a license. WE thought he would go back to work soon afte each surgery and no go.) I just can't scrape the bottom of the barrel anymore! So he filed to modify his CS based on inability to work. Gave the courts documents and dr notes etc. They are suggesting modifying his support way down. Temp until the 6-8 mos after his surgery. Ex wasn't happy threw a fit about signing off his rights and what a POS deadbeat he was etc. How he is lying about surgery etc. (How I wish that was true this is a really crappy HARD ride) She calls last night wanting to talk to both of us. She wants hubby to agree to paying his amount now until June of next year. If we can't pay it all just what we can. More than the new order would be. Then in June of next year, she wants to modify the court order. She wants it to say that he will no longer pay child support. That he will be responsible for round trip travel of the children. That she will be able to claim both children on her taxes until they are 18. (She suggested that the older may want to live here come next school year). That I continue to maintain a health insurance policy on them. Also that he agree to purchase school clothing for them during his visitation before sending them home. She is saying that she has to wait till June because the older child has braces and my Insurance only covered a portion and she would have to pay the medical card back if she did this now. I didn't think that someone could modify an order of support to zero. I mean there are conditions but I think there is more of an alterior motive.

The long of the short of this book is, can this even done? I don't want hubby to do this, he said he will believe it when she draws up the papers. I know that even if she writes something up it has to be signed off by the judge. She has been told that she couldn’t receive aid if she does this. I think the motive is to get her normal amount, then give custody of the then 13 year old to us. Knowing that would stop her support anyway.

Ask yourself "Why are the adults so concerned about themselves, when it is obvious the real victims here are all these children not being supported by their parents". No agreement can be made unless the court agrees.

I wouldn't make any deals with this woman that aren't a court order. She might play nice now making promises for the future, but when the future comes, will she hold to her word? Only you guys know if she will or not.

IDK if support can be modified to zero in your state. Can you go to the WV Dept of Justice website and search for this answer?

The court is not likely to sign to an agreement meant to circumvent the law and push the burden to taxpayers.

Anyone that knows?

Support is set according to formula. If the formula says $0, then a court applying the formula won't order support. If the formula says something other than $0, you can expect the court to want you to present a compelling reason why departure is in the best interest of the child.

If dad is disabled such that he cannot work and has sufficient work credits, he should seek SSD and a benefit for the children that can take the place of support.

If dad wants support modified, dad needs to petition for modification.

I am trying to answer your questions without having to parse your rambling narrative. If you want more than that, please dig out the relevant facts and present them in a coherent manner. Thanks.

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Quoting Mr. Knowitall

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Support is set according to formula. If the formula says $0, then a court applying the formula won't order support. If the formula says something other than $0, you can expect the court to want you to present a compelling reason why departure is in the best interest of the child.

If dad is disabled such that he cannot work and has sufficient work credits, he should seek SSD and a benefit for the children that can take the place of support.

If dad wants support modified, dad needs to petition for modification.

I am trying to answer your questions without having to parse your rambling narrative. If you want more than that, please dig out the relevant facts and present them in a coherent manner. Thanks.

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Ok, let’s try again, to the point.

Ex-husband is having child support modified due to inability to work and documents showing this. The court has agreed that a modification is warranted. Therefore a hearing has been set in Sept.

Ex Husband has been trying to get SSDI was denied, reason was ex-husband was on unemployment therefor stating that he could work. So SSDI is going to have to start from scratch again.

Ex Wife calls ex-husband, wants to make an agreement before court. Saying that if he will leave CS alone RIGHT NOW, in June when the oldest child gets his braces off his teeth. (She has current medical card and my ins paying for it, medical card won’t pay if she zeros out support as she will lose her benefits) She is going to draw up paperwork, to where the Ex-husband covers 100% of the travel of the minor children (currently the cost is 50/50). That the ex-husband allows her to claim both children on her taxes 100% regardless of arrearage or amount of time children are with the ex. That the ex-husband purchase a certain amount of school clothes for the children when he has them. Then send those items with the children after visitation. Also that I continue to provide medical and dental insurance on the children. That Ex-husband pays for 50% of out of pocket. IF this is agreed on she states she will cancel out the CS order and ask for zero support. CAN THIS EVEN BE DONE? I have a feeling it can't be done, I think it’s just a ploy to try and get him to stop having the CS lowered.

Read Florida Statutes, Sec. 61.30, with a focus on subsection (11)(a). If the facts support deviation, then it may be possible to convince the court to deviate.

If your husband chooses not to petition for modification of support, his support will (surprise!) not be modified. If he later goes to court and says, "But my ex- promised me I wouldn't have to support my kids any more if I did X, Y an Z", the judge is going to instruct him that it's not his ex's call whether or not he supports his children, and that the agreement (even if his ex- admits making it) is not enforceable on the court. If the guidelines come out at more than $0, or the court does not find a basis to deviate from the support guidelines down to $0, the judge can be expected to apply the guidelines.

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Quoting Mr. Knowitall

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Read Florida Statutes, Sec. 61.30, with a focus on subsection (11)(a). If the facts support deviation, then it may be possible to convince the court to deviate.

If your husband chooses not to petition for modification of support, his support will (surprise!) not be modified. If he later goes to court and says, "But my ex- promised me I wouldn't have to support my kids any more if I did X, Y an Z", the judge is going to instruct him that it's not his ex's call whether or not he supports his children, and that the agreement (even if his ex- admits making it) is not enforceable on the court. If the guidelines come out at more than $0, or the court does not find a basis to deviate from the support guidelines down to $0, the judge can be expected to apply the guidelines.

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This is for WV does that make a difference? We live in FL, the children in WV thus her wanting us to take on the 100% of travel. WV is the controling state for his CS case.

I totally understaand about the going to court and he said she said. I feel that is what it would come to. I just didn't know if it was possible for it to be done IF she was truthful.

The only variance I know for WV is if you divorce your husband, he is still your brother. That said, unless he is approved for SS, the court has no reason to grant a zero order, unless the state formula equals to zero.