If my ex wants stop paying support due to financial reasons, can he reopen the case and win?

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If my ex wants stop paying support due to financial reasons, can he reopen the case and win?

I share custody of my children with my ex. I pay health insurance and my husband was left with almost all our assets, therefore, pays $200/month in child support plus splits the cost of health insurance and other costs. (I carry my work health plan on them). He claims he doesn’t make as much anymore (self employed), the house has went down in value (he had to pay me off $50,000 on our then valued house of $285,000). He claims he talked to a lawyer and if he took me back to court I could end up paying him if I don’t allow him to stop paying the $200/month. Is that true? What should I do?

Asked on January 25, 2011 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This question can not be answered specifically in this type of forum.  Child support is generally calculated by plugging numbers in to a formula that is used in your state.  What he is doing is trying to intimidate you in to telling him that it is okay to shirk his responsibilities for the kids. DO NOT BE BULLIED BY HIM.  He is correct on one issue: he can go back to court and request a modification of the child support payments if there has been a change in circumstances such as lost income.  But I am thinking if it were really true he would just go and do it rather than just tell you about it.  If he does then seek legal help.  For now, remind him when the payments are due.  Good luck. 


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