Legal Question in Family Law in Connecticut
My husbands oldest son is now living with us. He currently is paying $200 a week to his ex wife - more than what is required in the state of CT - and now that his son is living with us my husband does not want to pay his ex-wife the $100 per week he pays for his son (he has another son still living with his ex-wife). Since his son has come to live with us we have incurred more expenses - typical teenage "stuff" not to mention the added expense of an extra mouth to feed, clothing, insurance etc...
This past week my husband wrote out the child support check for only $100 dollars and now she is threatening to take us back to court for contempt of a court order and has threatened to sue us for attorney fees and to continue paying her $200 a week.
2 Answers from Attorneys
Is the ex-wife in agreement with the oldest son living wtih his father?
You need to file a motion to modify custody and child support.
It is a violation to pay less than the current order.
The modification can be retroactive to the day of service.
Call me if you have any questions.
Your husband needs to modify the custody order and modify the child support order. The child support will most likely not be reduced by 50% because the child support guidelines are drafted based upon percentages other than 50% per child. Consequently, the $100 payment he made may be less than what it will be upon modification. Both your husband's income and the ex-wife's income will be reviewed when recalculating the support amount on modification.
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