I can tell you what happened in our situation when my husband’s commissions fell off dramatically and his company could not even deduct child support…he had to make it up.
Sorry to hear that you are having financial difficulties. If he properly filed a motion to modify pss and child support, and there is a legitimate reason he could not work, the court may modify support for those months.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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My ex husband, who runs his own buisness, had to take a 2 month leave of absence for medical reasons and during this time is not paying child support or spousal support. He did not inform me he was not going to be able to pay and I found out about it from my attorney. I work, but we have not divided property so I have no savings. I live month to month on my salary, and the PSS award. I had to secure a loan to meet the financial demands of my family.
I thought he was asking the court to allow him to pospone his CS/SS obligation until he returned from his leave of absence but he is asking the court to excuse him of payment for 2 months. He has assets and owns property, so he is not broke.
What is the likely chance he could be excused? I had to borrow money to make ends meet during this time.