Concerned Mom

[mom21465]

My son and daughter in law were divorced 3 years ago. They have a son together who is now 6 years old. My son is in business for himself. The business is seasonal therefore his income is not the same all year round. When they went to court regarding child custody, the judge based child support on my son's best weeks. There have been weeks when he did not make any money and of course fell behind in child support payments. He is not the "deadbeat" dad. For two years, my son had to live with family and friends before finally being able to afford an apartment. He then lived over a year with hardly any furniture - having an ice chest for a refrigerator and only a folding chair in his living room. There have been days when he has not had money to eat on because he had to pay this astronomical child support. In the meantime, the ex wife still lives in the 2 story house with a new husband. Has bought all new furniture, 2 new vehicles, all new kitchen applicances, new hardwood floors. She will not allow my son to see his little boy because he is still in arrears with child support although he pays what he can. He has not seen his son since February of this year. He has missed all the child's school activities because the ex wife will not communicate with him about the child. My son is killing himself trying to work all the hours he can trying to have enough money to just live himself and pay this child support. He cannot even afford health insurance for himself. At this time, he is considering giving up all rights to the child for the simple reason that he is worn out. What should he do? What has happend to the new law where both parent's incomes are looked at? The ex wife makes twice as much as my son. Any advice would be appreciated.

 

[Duranie]

It would help if you told us what state he is in.

The mother is in contemp if she is withholding visitation. It is up to your son to take her to court if she is not following the visitation order. He can file contempt himself without an attorney if he knows what he is doing. He needs to document all correspondence with mom.

Most courts have a self help/law library section where he can fill out the paperwork and have her served. There might be a family court facilitator willing to help.

As long as he does not take her to court, she can get away with this.

Him giving up his rights is a TERRIBLE idea. He should fight for his son.

He can try asking for a CS decrease, I am not sure how much he is paying but being self employed, what does he claim he makes on his taxes? Generally CS is figured on a yearly average.

It might be a good idea to familiarize himself with his states CS guidelines. If mom has had an income increase since the order, he might qualify for a reduction.

 

[mom21465]

My son is in the state of Georgia.