I have been unemployed for a year in a half and have been borrowing money from my boyfriend to pay child support...

Asked almost 5 years ago - Los Angeles, CA

my ex-husband is demanding $600 more a month because he is enrolling our son in a prep school in Palos Verdes, he knows our home (my boyfriend and I) is in pre-forclosure, and because he (ex-husband) is very successful, he is threatening to sue my boyfriend for the extra child support and denying me time with my son, is that legal and can he sue my boyfriend? Please help.

Additional information

Can he legally deny me time with my son? We talked about our son's summer break and I had a total of 4 days with him in 2 1/2 months, the times I drove to his house to pick him up (which is 100 miles away), he would not answer or pretend to be gone, also, when he decides, he never answers my calls. It is difficult for me because I don't have employment at the moment and I miss my son terribly, and I know he misses me.

Attorney answers (2)

  1. Stephanie Farr White

    Contributor Level 14

    1

    Best Answer
    chosen by asker

    Answered . Your ex-husband cannot sue your boyfriend. He can take you to court to ask for an increase in child support. If you are unemployed, you should have taken your ex-husband back to court to DECREASE child support that you pay. You still can. Your money -- the money you yourself earn -- is the only money accessible to your ex as child support. If you earn nothing, he can access NOTHING. $600 a month for Prep School is discretionary, and if you don't care if your son goes to Prep School or not, the court should not make you pay for it -- even if you had an income.

    Go to court now and get you support payment decreased. File the OSC before the end of the month so that the decrease will begin on the first of September (no matter when it's decided).

  2. Matthew Edward Williamson

    Contributor Level 15

    Answered . Slightly different answer (but substance the same) - the ex "can" sue the boyfriend, but won't get anywhere. Anyone can sue anyone basically, whether they get anywhere is a different story.

    Sounds like you may be entitled to child support if you have 0 income. Also, the Judge will not be happy that your ex is denying you visitation - your husband is digging himself a big whole.

    If he violated the court order, then you can bring a contempt action.

    Good luck with your situation and remember the above is general information and not specific advice since I haven't seen your paperwork.

    Matthew Williamson

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