Legal Question in Family Law in Montana
Reducing payments for child support
I had a son when I was 17 and his mother and I stopped seeing each other 2 years after. she shortly filed for child support. Later in my life, I found another person and had 2 boys with her. And financially, I was stretched thin with supporting my current family and my first son. As of today, the first sons mother is buying a house, just bought a boat and got married. Child support is killing me with every other bills that I have. For the past year, I had to ask my mom if I could live with her until I can get financially stable. I owe a little over 5 thousand dollars in back child support. Before I moved with my mom, my first son was visiting my mother every summer, and I was still paying for support. My sons mother won't let him visit anymore. I don't know what is court ordered, because the day I was to appear in court, I had finals in college, so I called the number the court sent me on the paper to appear, and they said we could move the court date. That didn't happen, I was sent another paper saying, I have to start paying child suport. I am struggling to make ends meet, so could you give my any options. Please tell me what I can do with the price not being to high AND also with options I could choose if I had money.
2 Answers from Attorneys
Re: Reducing payments for child support
You may move to the conerned court for the modification of the child support order seeking reduction of payment of child support therein subtting your present income and your liablities. Consult the attorney/lawyer
Re: Reducing payments for child support
Two things right off the bat:
1 - Parenting time (visitation) and child support are separate issues. One parent cannot withhold child support because the other isn't allowing the child to visit. Conversely, one parent cannot withhold the child because the other parent is not paying support.
That said, it does sound as if Mom is withholding Child because you aren't paying support.
2 - You defaulted on your opportunity to be heard. When you called "the court" about your scheduling conflict and somebody said "we" move for, that meant you or your attorney could file a motion to reschedule the hearing. If you did file a motion for a new date, then as far as the court knows you just didn't show up.
What you will need to do is file a motion for a modification. Your circumstances have to comply with the statute that governs modification. You will need to file another child support fiancial affidavit and another child support worksheet that bases the new computation on your current circumstances. If you have no money for an attorney, you can contact the CSED office that is handling your case now, or you can contact them and open a case (CSED is Child Support Enforcement Division).
Don't delay!
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