child support

[canadiangirl]

This question is for Mr. Guzman, my husband is Dominican and now living in Canada with me. He has a child support order since two years ago. He has faithfully paid this support(still paying from here in Canada) and now his ex-wife(who is Dom. and living in DR) went to a judge(in DR) had papers done for an increase in his payments, sent these papers to my husband's lawyer in DR, she(our lawyer) says these papers are legal and we have to pay the new amount. Is this legal? Is there anything we can be doing? Thankyou for any advise you can give us.

[daddy1]

Originally Posted by canadiangirl

This question is for Mr. Guzman, my husband is Dominican and now living in Canada with me. He has a child support order since two years ago. He has faithfully paid this support(still paying from here in Canada) and now his ex-wife(who is Dom. and living in DR) went to a judge(in DR) had papers done for an increase in his payments, sent these papers to my husband's lawyer in DR, she(our lawyer) says these papers are legal and we have to pay the new amount. Is this legal? Is there anything we can be doing? Thankyou for any advise you can give us.

you are not going to find alot of help on this one, but if it were me I would call the D.R.'s county clerks office and ask for a case number# and also seek legal council from another attorney. just a thought!..good luck.

[PICHARDO]

Originally Posted by canadiangirl

This question is for Mr. Guzman, my husband is Dominican and now living in Canada with me. He has a child support order since two years ago. He has faithfully paid this support(still paying from here in Canada) and now his ex-wife(who is Dom. and living in DR) went to a judge(in DR) had papers done for an increase in his payments, sent these papers to my husband's lawyer in DR, she(our lawyer) says these papers are legal and we have to pay the new amount. Is this legal? Is there anything we can be doing? Thankyou for any advise you can give us.

Yes, it's legal to make such demands and since as you posted that he started to make such payments two years ago the most likely turns out to be an adjustment due to the conditions of the economy changes since two years back reflecting the devaluation of the DR$ and therefore hiking the amount he must pay to meet his offspring's living needs.

However he could contest the amount to be added to his payments in court but DR courts are very favorable to women when it comes to this type of cases, if the increase isn't much of a burden to him and he could make such payments without too much sacrifice then he should save the lawyer's money he would spend and the trouble of getting his case vented in the DR court system...

If he chooses to ignore the demands the next time he goes to the DR he could be arrested and jailed for not conforming with the court orders, a total unwelcome experience and waste of time since the end result it's always he would have to pay the fees plus court fines etc.

[miguel]

Originally Posted by PICHARDO

Yes, it's legal to make such demands and since as you posted that he started to make such payments two years ago the most likely turns out to be an adjustment due to the conditions of the economy changes since two years back reflecting the devaluation of the DR$ and therefore hiking the amount he must pay to meet his offspring's living needs.

However he could contest the amount to be added to his payments in court but DR courts are very favorable to women when it comes to this type of cases, if the increase isn't much of a burden to him and he could make such payments without too much sacrifice then he should save the lawyer's money he would spend and the trouble of getting his case vented in the DR court system...

If he chooses to ignore the demands the next time he goes to the DR he could be arrested and jailed for not conforming with the court orders, a total unwelcome experience and waste of time since the end result it's always he would have to pay the fees plus court fines etc.

This is true. It's just an adjustment. The court figures that since he is probably making more now than 2 years ago, they, in their own right, should raise the payment order.

[Fabio J. Guzman]

The amount of child support is always subject to review if circumstances change. Both parents may petition the Court at any time for an increase or a decrease in the payments based on these changes. For example, a decrease would be in order if your husband loses his job.

In any case, your husband has the right to be heard before he gets hit an increase. For this, of course, he will have to hire a lawyer to argue on his behalf before the Court.

[suarezn]

Just pay the darn money. I never understood why people have children and then their ex-wives have to fight to get some money from them (not saying this is the case here), specially if you're earning hard currency. Besides a hundred bucks you send down for every kid will go a long way to support your kid(s). To me that's peanuts and not worth the hassle. Besides how will that kid feel about knowing that his/her father doesn't want to pay to support him/her?