My husband has been accused of a class I felony and as a consequence has lost his job. He sent an email to his ex-wife’s attorney stating that because of his circumstances he would not be able to pay child support until he had again found gainful employment. The child support is contractual in accordance with his separation aggrement and not court ordered. His ex-wife’s attorney contends that he must honor his contract and that furthermore she will file a motion for specific performance of the seperation agreement. She furthermore contends that his income has been voluntarily reduced because of his felonious behavior. The action against my husband is still pending and will not be resolved until around December and is therefore innocent until proven guilty. Right? Please advise us as to what our options are. Currently the only income we have is mine and our only assets are our automobiles and our house.
Your husband is indeed innocent until proven guilty, and if he is not working he may plead impossibility of performance in defense of the claim for specific performance.
What happens if he is found guilty?
It will still be up to the judge presiding over child support as to whether he was acting in bad faith.