Legal Question in Family Law in Idaho

Modify original order

I need to know what to do about my ex filling for child support modifying our original decree without me knowing she had a child support order signed enforcing child support when she knew i was not working at the same job i have two teenagers that live with me full time and a 5 year old on joint custody but they are all with me i dont know where she lives ,somewhere in ca. I dont know what to do child support services say i have to get an attorney to change this otherwise i have to pay it can she get in trouble for having this changed knowing the circumstances of my emplyment and where the children were living at the time she filed this

please help


Asked on 10/13/01, 10:17 am

1 Answer from Attorneys

Gass Timothy Gass Law Office

Re: Modify original order

If you reside in Idaho, the person to whom child support is owed can get an order for income withholding against you without notice to you, so long as you have at least one month of child support owing. This would have been set forth in your divorce decree if the decree was entered since 1986.

Whether you do or do not have a job is irrelevent in getting this order. However, you can go into court and try to show the court that you can't pay the amount ordered to be paid. The court has the power to change the amount of child support paid, but will probably leave the withholding order in effect unless you can show that that you have been steadlily looking for new employment regularly, that you have spoken and/or left resumes at so many jobs during the week, every week, showing that you are diligently looking for employment and you have the names of those employers to which you have applied or had interviews with. It won't be good enuf to say you have been looking if you can't prove it. If you are sitting at home watching TV and not regularly looking for work, the court will not provide you with any relief.

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Answered on 11/26/01, 12:06 pm


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