Can my ex get his child support abated because he is unemployed due to suspicion of federal fraud?
He has been charged both personally and through the firm that he worked for with various forms of fraud and misconduct. He lost his job (obviously) over this and has not gone out to get a new one in any field. (He is banned from the one he was in). He is remarried, traveling, entertaining and now expecting a new baby with the new wife so doing new decorating on his home as well as continuing to maintain a housekeeper. Will a court allow an abatement of support when his unemployment and change in circumstances is his own fault? Can I be awarded attorney fees for his action to go to court if he is in fact found to have no justification for abatement?
Tagged with: abatement • attorney fees • circumstances • expecting a new baby • fraud • housekeeper • job • justification • unemployment
Filed under: Fraud Information
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I don't think that your ex cn get an abatemant on his child support, just because he is unemployed, especially since it was entirely his own fault. He can petition the courts, but that really isn't going to do him much good and yes you can request that since he has brought the action that he be made responsible for your attorney fees. He sounds like a typical dead-beat dad, to me!
Arrange for a free consultation with an attorney to speak about this situation. It sounds as if he could end up in prison over his fraud – in which case you won't be getting anything for awhile, unless you live in the state of California (this state will subsidize the delinquent support payments-and eventually get it back through wage garnishment, unemployment, or social security benefits). Unless your husband has assets that he can be forced to sell ( they would have to be his own, and not jointly owned with his new wife) you may be out of luck for a time – "can't get blood out of a turnip". If you have low-income, or no-income, you may qualify for welfare benefits.
Phone an attorney and get a consult.
This is what I got hopefully it helps
If the loss of your job has severely lowered your income-earning abilities, you may be able to get a downward modification of your child support award duties. You cannot do this "ex parte," however. "Ex parte" means on your own, at your own volition, or without telling anyone. In other words, you can’t just stop paying child support. Notify the court of the changed circumstances and apply for a modification. It would be a rare case, however, that your child support obligation would disappear entirely. As noted above, most states provide a statutory minimum for child support.
You must make reasonable and good faith efforts to get another job, or you will face the possibility of having income imputed to you.
For example: attempting to apply for a modification the day after you lost your job would not show the court that a legitimate effort to regain employment was made.