No he is not allowed to stop paying until the trial on the modification. The order that is in place is still in effect and he should be honoring it. While the court can make the modification retroactive, the child support is not going to be reduced to zero. So your ex is going to have arrears.
The question is whether his non payment is willful and if so, it is contempt. If he has assets, then he needs to be using them to pay support. When determining a contempt purge payment, a court can look at all assets, including retirement accounts, etc. Also if he is not using diligent efforts to find a new job, then he could lose his modification request.
No he is not allowed to just stop paying child support. He is obligated to continue paying the amount set by the Court until there is an Order modifying that amount. Good luck.
B. Elaine Jones, Esq.
I agree with Mr. Tyson for the most part but want to make it clear that the modification can only be retroactively applied from the date the petition to modify was filed and going forward. Your ex cannot get relief for child support owed prior to filing for the modification. The court can impute minimum wage to him when they calculate how much child support should be, meaning they'll pretend that he's at least getting that much each month. Good luck!
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