Legal Question in Family Law in Connecticut

Me and my ex wife have joint custody of 2 minor children my 14 yr old daughter ran away from her mother 3 weeks agos due to mental abuse from her mother she is now living with me . I am still paying my 250.00 per week in child support,wich i do think should be modified i cannot afford to pay for an attorney because she keeps taking me to court and making me pay for her attorney it's a 1000,00 every time we go to court, I was only 250.00 behind in child support and they threw me in jail for contempt ive already paid her lawyer over 3000.00, . If i go to court to file for custody of my daughter do i have to pay her attorney fee's again and I need to file for modification of my child support order, will i have to pay her attorney for that also? Last time i filed for a motion for modification it was denied the judge said i was capable of making 50k per yr even though my gross income for the year was only 30k , I was granted a fee waiver because i don't make enough money to pay the court why am i constantly paying her attorney fee's and i represent myself, help me please!


Asked on 4/29/10, 7:08 pm

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

I can not answer your questions with any specificity because I would need more information. A court can "impute" income to a party if the court believes that person has the ability to earn more than he/she is earning. The court can then consider that imputed income when determining the amount of weekly child support.

I don't know why you have been ordered to pay your ex wife's attorneys fees. Several factors may determine this, including whether you were in contempt for being late on payments and/or the amount of money you each earn.

I can't predict whether you will have to pay her attorney's fees if you go back to court on a modification because I don't know whether she works, whether she has the ability to work, what she could earn and whether there is a substantial difference in both of your incomes.

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Answered on 5/05/10, 5:32 am


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