Lack Of Child Support


We have a child support agreement that was agreed upon and submitted through the courts a little less than a year ago for a set amount of money each month. I receive a check this morning for about $350 LESS than what it should be with a note stating that this is all he has right now and will send it as money becomes available. States that “the dollar amount is still to be decided as I am self employed at this time”.

Bull!!! The dollar amount was set back in MARCH and there are no pending changes in child support as far as I can see. I have been served with no papers and the fact that he is self employed is NOT MY PROBLEM!! He QUIT a job that he had where he was making enough money to pay the $479 a month in order to pursue this self employment crap and now he has turned into a deadbeat dad because he can’t get his self employment business off the ground (wow, there’s a shocker!!). Now because of this I cannot pay my rent for the month. I HEAVILY relied on this child support each month in order to make our bills. And now I’m going to be even MORE behind than usual!!! I have called my attorney but they are closed for today. I need some kind of peace of mind as to what my options are right now because my head is swimming and I can’t even see straight. Any insight would be greatly appreciated. Thank you.


If he doesn’t catch up on his child support, you are free to file contempt charges against him. He may end up filing a motion to modify child support, but he is still obligated to pay the existing support order unless/until his motion is brought before a judge and granted. He’s already in arrears and if he doesn’t have a way to catch up to you, I would suggest you file contempt. If you let him know of your intentions, he may come up with the money.


I have already let him know my intentions and I see no check in the mail. He has money to pay his attorney and a mediator for a BS lawsuit but will not pay the court-ordered child support. Additionally, how can he file a motion to revisit child support when he VOLUNTARILY QUIT his job to become self employed?? Isn’t that similar to dodging having to pay child support payments? I mean anyone can quit a job and then say “Um, I don’t have the money to pay so let’s get this modified”. And how long before I can file a motion for contempt … If he doesn’t pay this month, can I do that then or do I need to wait longer?


If he files a motion to modify support and it is found that he voluntarily reduced his income the court may deny his motion, and/or impute his regular income to him. You can file for contempt now.