My ex husband stopped paying child support in Jan 08 due to the fact that he took a leave of absence from his job. We went to court and the judge did not grant him the permission to due so and ordered that he pay. While we were waiting on the verdict he got injured and now is on permanent disability and out of work. I do not know if he is receiving disability money from his company. But, he filed another motion asking the court to excuse him from paying child support (and spousal support) due again to the fact that he is not working.
I am working and going to school, but have had to get loans to cover the amount that he would have paid in CS/SS so I can continue to live in my home and take care of the children. He has assests and owns his own home. He also has a retirement account. We will soon go back to court.
My question… How likely is it for someone to be totally excused from CS/SS just bc he is no longer working. I feel he needs to still be alittle responsible to his children. Can he be asked to sell some assests or give some retirement money to help pay his support obligations. I am having to take out loans to support the children…Why doesn’t he have to??
He is remarried and his expenses are paid by his new wife, so he has no worriesAlso, he committed adultery which he confessed to, so doesn’t this make his obligation for spousal support guarenteed to me? Just confused and desperate