Getting A Reduction In Child Support Payments

[gigirle]

He had never went to court for the divorce, it had something to do with the military, but she had gotten a default divorce from her, they had even said that in court when he went for the first court date

If any man told me this....my sirens would go off!! Being an exmilitary wife for many years and learning very early off the way the military works (if they wanted you to have a wife they would have issued you one kinda thing). This my friend Liz, you should question big time!!

If she was issued a default against him its bc HE failed to appear and take care of his business. If its bc of military duties, that is a legal reason for a postponement and if he dealt with this the correct way, she may not have gotton that judgement.
When she filed for divorce, she would have listed his employment as military (her lawyer would have a source for child support). But I PROMISE you that he knew about his obligation (not the exact amount) for child support PRIOR to the default judgement if he was in the military at any time, from when she filed. AND (this is a big one) AND if he were active duty, he had an opportunity for free council to represent him or at the very least a small marginal fee (the fee part usually only applied to Officers, which I assume he was not).

It would be in your best interest to find out exactly what this is..."it had something to do with the military"
Has he reached out to the VA for help or was his discharge other than honorable?

he even picks up after himself (which most men wont do)

WRONG!! Most MEN will, most boys wont. For me, not cleaning up after yourself means you don't get a second date. It doesn't mean that I marry you because you do.

[lizmolik]

ONCE AGAIN - Your legal advise would be for the FATHER to go to the court that has jurisdiction and file for a modification in child support. The court will ask for information on his income as well as for that of the mother - then the court will use the mandated formula to decide how much is fair. It really is QUITE SIMPLE. Depending on the current arrears he may have dug a hole that is too deep to get out of. PAYING a lawyer will not make a debt disappear. You can not find a lawyer to take this case pro bono as he has NO defense.
Talk about

So he cannot get a pro bono lawyer?

[lizmolik]

It would be in your best interest to find out exactly what this is..."it had something to do with the military"
Has he reached out to the VA for help or was his discharge other than honorable?

He got a general discharge...If you would like me to explain everything to further help...I can pm you my phone number to talk with me, but I will not say over a public board...I honestly dont want to discuss anymore things like this publically.

[lizmolik]

WRONG!! Most MEN will, most boys wont. For me, not cleaning up after yourself means you don't get a second date. It doesn't mean that I marry you because you do.

That is not what I was trying to get across...What I was trying to say is that he is not the horrible man you think he is...Just because he has an ex wife and another child, dont mean that he is a bad person. He loves our child so much, the first thing he does when he gets home from work is picks him up and kisses him...then he changes out of his uniform and plays with him for hours. He loves his son, and he is a wonderful father...I could not ask for a better man. Just because he owes back child support that is not going to take away the love that I have had for him for 6 years. We will get though this no matter what the situation. I will be proud to be his wife!

[dad of two]

Federal law limits garnishment to 50% of income.
tNDAD

[dad of two]

Federal law limits garnishment to 50% of income.
tNDAD

[lizmolik]

How does he bring this to the courts attention? Is there a document he could bring with him to show this? Also, it 50% for every child or for all children together? Thank you!

[CourtClerk]

I'm suprised that no one has picked up on the fact that the OP and Prince Charming have been together 6 years (per the OP), but Prince Charming has a 5 year old with another woman... yep, sounds like a GREAT catch.

Okay, My fiancee' has 3 children all together...our son (1), a daughter (5), and another son (8).

...anyways, him and I have been together going on 6 years now

I don't know if your parents ever told you, but a man that will procreate and leave children all over the place is NOT the man you want to have children with. Such irresponsibility should speak volumes about his character. He can't even (obviously) figure out how to use a condom. Such actions will kill you these days.

[525601minutes]

How does he bring this to the courts attention? Is there a document he could bring with him to show this?

AGAIN - the FATHER files a form at the county courthouse asking for a modification in child support. HE does not need a lawyer, HE only needs to show current pay stubs and income tax returns and fill out a financial statement. The JUDGE will determine if the amount he is currently paying is above the legal limit.

[Xena]

Federal law limits garnishment to 50% of income.
tNDAD

That is partly correct depending on the situation.

If an obligor does NOT owe arrears, and does have a second family, the max is 50%.
However, if an obligor with a second family does owe arrears, the max is 55%.

If an obligor does NOT owe arrears, and does NOT have a second family, the max is 60%.
However, if an obligor without a second family owes arrears, the max is 65%.

This is all spelled out in the Consumer Credit Protection Act in Title 15 chapter 41 in the US code-
http://www4.law.cornell.edu/uscode/#TITLES