Navyblue
recently joined
Reged: 01/15/07
Posts: 4
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I have physical custody of my son who lives with me full time. I pay my ex wife spousal support and a portion of my military retirement. The spousal support is in the form of a fixed dollar amount and an offset percentage of VA disability for a monthly total of $1130.00. She is supposed to be paying child support in the amount of $420.00 a month. My ex wife is now 6 months behind on child support and owes $2500.00. She sees our son maybe 30% of what the visitation is. I foolishly let her convince me she would make good by the 1st of the year and she is again making excuses. I know I could go to the Virginia Child Support Enforcement Division. What I wanted to know is, can I take her to court and have spousal support reduced or the money I pay her garnished? Since our divorce I make substantially more and worry if I press the issue the results would be her being paid (I know this would require more court involvement on her part) more spousal support. Does anyone know of spousal support being reduced or eliminated due to failure to pay child support? Thanks All.
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Carlene_Damba
recently joined
Reged: 06/26/07
Posts: 4
Loc: Greensboro, NC
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What does your divorce decree say? If you put a provision in there that says you can amend the decree if there is a "change of circumstances", you can go back to court and ask that the spousal support be reduced or done away with. Since she is in arrears with child support, the court could take the alimony to pay the child support.
Is there any way that you could get her to take away the alimony in exchange for not paying the child support - since you aren't getting that anyway?
Anyway. it is worth seeing a lawyer. You never know...my husband's ex finally took the courts too far and because she wouldn't work a steady job, the judge ordered all alimony be changed to child support.
Hope this helps.
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