cs modification rule to show cause

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jself1982

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My history, had the same job for 12 yrs, company closed and was laid off, got a 8yr old daughter, divorced 7 yrs now, never ever late on child support.


In October 2008 I was told my company was shutting down on Nov 6 2008. I went out that day and retained a lawyer to get the child support modification started. My lawyer sent my exwife a letter asking her if she would send in her financials so this could be modified outside of court. I am going from making $3500/mo to only $1400/mo on unemploymeny. My exwife moved back home after the divorce to her parents where she stays for free. After 7 yrs she is still there for free. She is now making more than me. There is no jobs here but I am constantly looking. My exwife said she didn't have to reply to my lawyer because she felt the $650/mo she was getting in child support would not be lowered. A 2nd letter was sent out on November 14th 2008, certified, this is also when my lawyer advised me to stop making child support payments and to put them in a savings acct. because my exwife made it clear that if she contested this then she would remain getting the full cs amount until court. Yes, she is still bitter and single and pregnant by a married man. She received the certified letter on November 21st, called me and said the letter was rude and cant believe I think I can get lower child support and said she was contesting it because a friend told her to. The certified letter was mailed with a copy of the motion/action to modify child support saying she failed to try to settle out of court. Fine. So on December 2nd after me not paying her for one week, she goes to clerk of court to file a motion to show cause of why I wasn't paying child support. Can she do this even if she has already received a motion to modify child support? She had until December 21st to be in default, on January 3rd or so she hand wrote a letter saying she contested everything. She doesn't have a lawyer. I want to know why I should be responsible to pay the full cs amount to her just because she contested the modification to start with. She wouldn't even talk to my lawyer. We have a court date set up from where she filed a rule to show cause next week. Will she look bad for not complying or trying to settle and then filing a motion to show cause when she already knew what the cause was for? I am not a deadbeat dad by no means, but its been 7 yrs and time for my ex wife to move on and she uses my child to bleed me dry, what can I do? I tried to do whats right by trying to get the modification before I was laid off hoping it would go smoothly instead she contested in hopes to still get the full amount for the almost 4 months it has taken to get this to court, why am I going to be the bad guy when I am not the one contesting and dragging this out?
 
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