Deadbeat Dad Not Paying Full Child Support

Ex husband lost job in November 09. He started receiving unemployment in Nov and received his last payment from ex-employer in Dec 09 (unemployment fraud?).

He filed motion to modify/Reduce child support in mid Nov 09. Failed to (and has yet to) call it up for hearing - over 5 months later. I find out from his atty that he got a job at beginning of jan 10. He failed to give emplyer IDO as required and payed 100.00 a month (orig IDO requires that he pay 1044.00 per month).

His financial affidavit attached to his motion to modify is no longer accurate - because he is now employed, has a roommate with a full time job who can pay half the bills, is no longer paying probation fees (for a felony DV charge for violence against me) and does not pay for any of the childrens' medical expenses as he stated on his nov 09 affidavit.

I filed an answer and affirmative defenses stating that he is employed and his financial affidavit is inaccurate - and I filed a motion for contempt - he is over $2,000.00 in arrears. His atty just filed a motion to contest the revocation of his drivers license based on his nov 09 motion to modify.

They never set a hearing to have the order changed and have not filed an updated financial affidavit. Additionally he has a work history of making no less than 60,000.00 per year but now claims to be making only about $290.00 per week.

His roommate/girlfriensd is basically supporting him and allowing him to be a slacker and a deadbeat dad - she is in her 20's and he is almost 40 years old. Another attempt to hurt me since he can't beat me up any more and can't control me anymore.

Seriously - you can make more than that working at Walmart or mcDonalds...What should I do now? Should i file a motion to dismiss his motion to modify? Any advice would be appreciated. Thanks!!

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Deadbeat Dad Not Paying Full Child Support

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starstarstarstarstar 		What You Can Do
by: Child Support America Team Member

Hello, and thanks for your post. We think you are doing the right things, and should simply let things play out as is.

Especially if you think he is being untruthful concerning his current income. It does sound a little fishy considering he is used to making $60,000 a year.

Our questions to you are: Do you have an attorney on this matter, and what's his current relationship with the kids?

Thanks,
CSA STAFF
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starstarstarstarstar 		Response from Tired
by: Tired

I do not have an attorney. I'm a pro se litigant who has worked for many years as a paralegal and do not qualify for legal aid due to the fact that my ex attempted to file for a restraining order against me claiming that I was abusing my children. I understand that this is not uncommon for abusers - to try to turn what they do around on other people. the judge did not grant and gave me sole custody of the kids and the residence we were living in. Regardless because he filed these false allegations I am automatically disqualified for it.

He is currently using a probate/bankruptcy attorney for his family law matters and neither of them have a clue as to the rules of civil procedure. Unprofessional and bullying is how our mediator described this attorney anadvised me not to sign anything that came out of his office that had not been approved/seen by a judge. I am currently allowing his visitation to continue because i have no intentions of getting charged with contempt - he gets them every other weekend. Last weekend he yelled at and threatened my 13 year old (she will be 14 in a month)and she asked me to come pick her up because she didn't want to go with him, which I did.

I will no longer be making her go if she doesn't want to but am fearful for the safety of my five year old who has reported physical abuse in the past while there. He has a history of domestic violence against me (3rd degree felony x 2) and drug/alcohol abuse. The court has done nothing regarding my continued requests to protect the kids and DCF has told me that basically one of the kids has to come home injured a second time before they can do anything further. Additionally he lives in a really bad part of town, his apt. has been broken into in the middle of the day and there are prostitutes and crack heads walking up and down the street all day and night.

I truly feel that he continues to take the kids and make motions with no legal basis on the case because that is the only way he can engage me and try to hurt me since he cant beat me up anymore. In the past 2 1/2 yrs since the divorce he has never called either child on the phone, even on holidays and birthdays, and is not involved in any aspect of their life.

My fear is that he will get drunk/high and hurt one them again instead. He looks anemic, thin and sickly and like he hasn't slept in days when he comes to pick them up. He told my 13 yr old that he uses drugs "to deal with stress". The system is not working here and my girls are being allowed to endanger their lives and safety by the courts of palm beach county. Sorry - had to vent because this situation is very frustrating. I am thankful that my fiance is an honest, hardworking and loving man who is showing my kids how a real father should act.

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