QUESTION
What can I do when my ex-husband goes back to school and stops paying child support?
Asked on Jul 17th, 2013 on Divorce - Michigan
More details to this question:
My ex-husband is court-ordered to pay $250 per month for child support. Since this order, he works sporadically, and has decided to go back to school. I went from receiving $250 per month to less than $20 per month or nothing at all. He's been going to school for more than a year and is able to work while going to school. How can the law allow him to go to school, while he neglects paying the court-ordered amount? I work full-time and am struggling to make ends meet. I had been using the child support to pay for my son's before care/after care school expenses while I work. During the school season it's $280 per month for child care and much higher in the summer ($145 per week). Without the $250 per month from my ex-husband, I'm struggling to pay for the school expenses on my own. How can my ex-husband get away with this? Since he's fully able to work, shouldn't he be forced to work, while going to school? I don't understand.
5 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You should consult with an experienced family law attorney in your area. Generally speaking the court will find him in contempt for failing to pay, enter a judgment against him, and could possibly order him jailed until he pays what is called a purge payment. This is, of course, not as easy or quickly done as you would like.
Answered on Jul 19th, 2013 at 5:09 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, he can't be forced to work. That would be involuntary servitude and we don't do that in the U.S. However, if he is receiving loans to go to school, that could be income to him and he may have to share those with you. All you can do is ask for him to be held in contempt for not paying. The judge may or may not buy it. However, if he does get a degree and a better job, it may be that he will ultimately be able to pay off the arrearage and pay more in child support.
Answered on Jul 18th, 2013 at 12:14 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If he's under a court order to pay $250 in child support, the amount doesn't change because he elects to quit or cut back on work to go to school. He can't just impose a child support moratorium; the child doesn't do an eating moratorium. He still owes $250 a month. You're getting less because there's not enough paycheck to garnish for the full amount, not because he doesn't owe the money. Contact the Attorney General's child support enforcement office.They should help you, but they have a ton of cases so you may have to pester them. If you pursue it aggressively and consistently a judge will eventually jail him if he doesn't pay the support he's been ordered to pay.
Answered on Jul 18th, 2013 at 12:08 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion for contempt and ask the court to make him get current with his obligation.
Answered on Jul 18th, 2013 at 12:06 PM
Dennis P. Mikko
If there is a child support order and he fails to pay you should seek enforcement action from the Friend of the Court. Supporting your children is a high priority and a higher priority than attending school. The court should be willing to enforce its order.
Answered on Jul 18th, 2013 at 12:02 PM