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How to Respond to a Motion to Abate Child Support and Alimony

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  • 08-16-2017, 12:34 PM
    mariacarolina
    How to Respond to a Motion to Abate Child Support and Alimony
    We signed the divorce a year ago. In the MSA we agreed to 6 years of alimony plus $1,200 in child support. (still three more years to go for child support payments) I don't have a job, I was a stayed home wife. Apparently my husband was laid off work this month, so he filled: 1)motion to abate both payments, and 2)motion to modify alimony and child support in case he finds a new job. He hired again his expensive lawyer and he also went on vacation (10 days) to another continent the next day he filled. I understand that if he doesn't have a job I can't force him to pay, but can I do something? Also, he doesn't have assets but he lied about his income last year. Will the Judge take that into consideration?
  • 08-17-2017, 06:04 PM
    Mr. Knowitall
    Re: How to Respond to a Motion to Abate Child Support and Alimony
    Can't you do something about what? Child support is based on income, so if your ex- has had a significant reduction in his income that's a valid basis for a reduction of child support.

    I don't know what the "lie" was about last year, how it came up, what resulted from the lie, or how it is relevant to the present motion. If you are going to argue that he may be lying now, and you have clear evidence or a confession of a lie last year, it might help. For any other purpose, it will depend on the facts.
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