Arrears And Modification Of Child Support Order

by Deborah Davis
(cherry hill, new jersey)

My ex husband is currently 28,500 dollars in the arrears with child support and alimony payments. He has recently been laid off his job and is now requesting elimination of alimony, emancipation of our older child and lower the support payment for our younger daughter. I agree with emancipating our older daughter as she has just graduated from college. I also agree to elimination of alimony because he never paid it anyway. But I have requested that the younger child's support remain unchanged as set forth in the original divorce decree in the amount of 250.00 per week plus whatever the court deems the arrears charge to be.

My ex has already filed a motion with the court and I am in the process of responding to that motion on this day also. It should be noted that currently their is a warrant for his arrest due to non-payment or partial payments made. He has paid a total of 800.00 thus far, the most he has paid in a long time so the court will hear his case.

He does not provide health insurance or dental insurance, he never has and does not contribute. I have included all of this in the motion I am in the process of filing. My ex also refused to comply with a wage attachment because he would not tell child support who his employer was and they were never able to garnish his wage. He simply paid what he wanted to pay. I actually had to call the state of NJ to complain about the case worker.

When this initially went to court for arrears in 2006 he was 9000.00 dollars in the arrears. The court order stated he was not to accrue any more that 2 payments behind or a warrant would be issued. Despite that he continued to make partial payments or no payments at all. Needless to say the arrears are really high now. My question is will the court adhere to his request to lower the younger child's support payments to even less than 250.00 per week or do you think I will be granted my request plus payment towards the arrears.

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