QUESTION
Can my ex change his court ordered spousal and child support payments on his own based on furlough days?
Asked on Oct 08th, 2013 on Divorce - Rhode Island
More details to this question:
My ex-husband is a federal employee affected by the government shutdown. He has, without taking me to court, reduced his court ordered spousal and child support payments to me. Can he do this? The order was set when we divorced in 2010. Thank you.
6 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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In Arizona child support and spousal maintenance payments ordered by the court can only be modified by the court. If you ex-husband is not paying the full amount ordered then he is incurring arrears, which accrue interest at 10% per year. Is he paying the amounts through the support clearinghouse? You should certainly keep track of the arrears. You may want to consult an experienced family law attorney to discuss this.
Answered on Oct 09th, 2013 at 11:35 AM
Bruce Provda
No, these have to be changed by a court order.
Answered on Oct 08th, 2013 at 2:18 PM
A court order is valid until a court orders it modified. A court will only modify based on a material change in circumstances.
Answered on Oct 08th, 2013 at 11:19 AM
4 Awards
In a word, no. Any unpaid amount will continue to accrue. You may not have a strong contempt case unless payor has other sources of income from which to pay you, because he may be able to claim nonpayment is not willful disobedience but a result of circumstances beyond his control. However, he should be held accountable for the unpaid portion. Visit with an attorney about your specific facts and the language of your Decree to know your options.
Answered on Oct 08th, 2013 at 10:38 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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He'll be paid when the shutdown is over so he has to make up the missed payments.
Answered on Oct 08th, 2013 at 9:13 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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He has no ability to change anything about the children without a court Order. File Motion for Enforcement or Contempt. The children need shoes before he needs beer.
Answered on Oct 08th, 2013 at 8:26 AM