Child Support Question: Help me be Fair?

Rick Brown · Jul 29, 2015

wannabefair said: ↑

Sorry this is so long.

Thank you for allowing me to post my question. My ex has been driving for about ten years now. We split about six years ago. He have two children together. He married his new wife about 3 months after we split, and is still with her.
I don't want to make this about who is an a-hole and who isn't, but as a bit of background, he's never tried to be in their life. No phone calls, no birthdays, and I have had to find him several times when I was struggling, and he will send $200 a month for a couple months before we fall back out of contact. His wife does not work. I had an OK job as an executive admin assistant to the VP of a major construction company, so I didn't sweat it; we scraped by, and there was always a reason he couldn't pay me. it wasn't worth it. But then I got laid off.
After a promise of Christmas presents from him that didn't pan out 2 days before the holiday (I gave them Chrismas from the dollar store and felt lower than dirt), I finally had to take him to court. He told me I wouldn't get a cent until ordered to. Court decided that he should pay about $300/month.

Now, I don't know any personal information about him besides what was read aloud in phone court. I can' remember if he's an O/O, or if he leases his truck from him boss, but before taxes, he makes about $2100 per month. Mind you, he drives tomatoes of of FL, and he says they're not in season, so his pay is low right now. I know that he has to pay for gas and other expenses out of that money. I don't want to bleed him dry, and he says he can't possibly pay that much, or he, his wife, and their 5 month old son will be out on the street. I really don't want that to happen. I didn't even want to take it to court, but he'd promised money so many times and then didn't send it and left me stuck. Once I was even evicted! I don't own car. We don't have cable, don't eat out. Shut off the cell phone. I found a SHACK with a barn and fixed it up. I garden and keep chickens for veggies and eggs. No cable, basic phone. I burn trash so I don't have to pay for pickup. You see, I only make $1000/month on unemployment, and I make it work for us.

It SEEMS like he should be able to pay $300 (or his wife should get a PT job), but SHE emails me (he won't contact me) and tells me that they will lose their house, and they can't buy formula. I think they live beyond their means, but at the same time, not everyone can live with as little as we do and still be happy. Also, more importantly, I know nothing about the expenses of driving a truck. I figure you guys are the most knowledgable about this, so I'm throwing it to you. Should I go back to court and get the amount lowered? I know two kids who could really use that money for school clothes and to help feed them, but not at the expense of putting a baby on the street.

Thanks, everyone.
Click to expand...

To put this in perspective, in 1997 I was paying $800 a month in child support for 2 kids. If all he is making is $2100 a month after 10 years in trucking, he is either lazy or lying.

Accidental Trucker · Jul 29, 2015

The saying goes, "never argue with the man with a gun and a badge". Well, even the people with the guns and the badges don't argue with the judge.

Chances are, the ex is under reporting income. If the judge finds out, he will be very, very displeased, and your ex will be find out what happens if a judge becomes very, very displeased.

Use the legal system to pursue your legal claims, but don't be shy about doing a little snooping around (facebook, twitter, credit checks, etc), to see what, for example, he reported as income when he got the loan for his last truck.......

XCELERATIONRULES · Jul 29, 2015

Shoulda rapped it,before you tapped it...no such thing as fair..in child support.

haycarter · Jul 29, 2015

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