Motion to modify during short term disability


#1

I have a court order for child support which is garnished from his wages. He filed a motion to modify for three months while he allegedly was on short term disability and not getting checks through his company. During this time he decided on his own only to pay a small fraction of the appointed child support and never filed a hearing to modify. He refuses to pay any arrears during that time. I have asked for evidence of being disabled and pay info, but he will not give any.
Do judges typically allow a three month modification?
How do judges usually respond to someone just paying whatever they feel and intentially not paying the required amount?
Based on the calculator regardless he should have paid more than he did.
What can I do to get the child support that was not paid?
He had to pay arrears in the past for lying on the original child support. Another time he refused to pay the required amount while garnishment was in process of being done.

Thanks
Amy


#2

It’s possible that a judge would allow a short term modification in child support but it depends on the evidence presented.

A payor of child support cannot on their own decide to pay less that what a court order states. This will create arrears for the payor that will be tacked on to the child support obligation. You can file a contempt motion for not receiving the full amount or you can notify your case worker if you have child support through the child support enforcement agency.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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