Modification of Support: Ex-Wife Won't Agree to Reduction of Child Support Order After Payor's Job Loss

lundi 13 avril 2015

My question involves child support in the State of: New Hampshire

My husband has two children from a previous marriage. He was let go from his job on January 21st, and the company was kind enough to pay him and extra month's severance. We continued to pay child support weekly through the additional month of severance. Unfortunately he didn't qualify for unemployment and just started working at a new job on April 1st. This happened two years ago and the court had him pay $50/month (the minimum allowed by the state). We began to pay $50 a month at the end of the additional month's severance - I think around 2/28. We duplicated the revised order the judge had approved two years ago when he was unemployed, which changed his monthly obligation to $50/month with the CLEAR stipulation that he was to search for work and notify the court when he got a job to change support. Which we did back then. So we duplicated the paperwork and asked her to sign it so we wouldn't have to pay to reopen the case and go to court (NH has a fabulous child support calculator on their site). She refused to sign it and is causing a big stink that he is delinquent. It seems she is deliberately trying to sabotage him by not agreeing to change the order for the month + he was unemployed - or at least agreeing to the amount the online calculator calculated. I mean, his income was $0 for a month and the court would back him if we had to go to court - but we really don't want to pay the $250 fee to reopen the case for something stupid like this. She is also not willing to sign a revised order for any less support than we paid before - even though his hourly wage at his new job is $1 less than his old job and the calculator on the NH site has reduced support by some.



My question is - is there a way to get this done without having to pay to reopen the case? I feel like she's putting it off so that she can go to Child Support Services after two months and say he is delinquent. Technically, I know we are because the order hasn't changed, but she's forcing it to be that way by refusing any changes at all. What irritates me so much is that she will not gain anything from this. If we went delinquent on other bills to pay her the full child support during the month+ - we'd just end up paying her nothing for a number of weeks after the court came to the same conclusion.

Advice?





Modification of Support: Ex-Wife Won't Agree to Reduction of Child Support Order After Payor's Job Loss

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