Legal Question in Family Law in Connecticut
child support issue - CT.
my ex husband is unemployed for more than a year from a high paying corporate job. Living in Mass. with girlfriend. His ''job'' is renovating her house and playing houseboy while waiting for large inheritance from mother. when on unemloyment, was paying $1,200 mo. child support. Now paying less than $500.00 mo., he self adjusted the amount, no court order. If we go back to court, will the court allow him to get off scott free and pay nothing for kids, or will they consider his renovation work a ''job''? Will they force him to get a real job to pay his fair share to help support our two children? Sadly, he chooses no involvement in the kids lives. Thanks!
2 Answers from Attorneys
Re: child support issue - CT.
Generally any adjustments must be made through the court and any changes
Outside of a court order would result in a debt owed to you.
If your interested in pursuing this you may contact our office at
2127098303
Re: child support issue - CT.
I'm curious as to whether a court order modifying the original decree was obtained by you for the $1200.00 per month child support. If the $1200.00 is less than the original order and was ordered because he lost his job, it's time to return to court and argue that he has had over a year to obtain suitable work similar to the high paying corporate job he had.If the original decree was not modified and he was paying more than the $1200.00 and you later just "accepted" the $1200.00 because he was unemployed, then you need to return to court and ask that the court hold him in contempt for not paying the amount in the original decree.
Nevertheless, if the $1200.00 was a court order, then he is in contempt of court."Self-adjusting" is unacceptable and not recognized.
A court is not going to let him get off scott free. First off all, renovating his girlfriend's house is not a job. The question becomes whether he can find the same type of job at the same rate of pay that he used to have.
He better show that his job searches are frequent, consistent and legitimate and that he can't find a similar job at the same rate. Otherwise, you can "impute" income to him and, if successful, he would have to pay what the original order was or, what he would be required to pay if he worked at his old corporate job.
You need to file a motion for contempt and a motion to modify. (if the original order was modified to the $1200.00. If it wasn't modified,then you need to ask the court to hold him in contempt for the original order all together)
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