Kyle is over $5,000 behind in court-ordered child support payments. He has lost his job over a year ago and has made no real effort to find another one. Kyle does not want to pay child support since his ex-wife recently became remarried to a local doctor. Kyle has come to your firm to find out what his legal options are to stop payment of child support and eliminate his past due child support. Would Kyle be able to have his dissolution of marriage decree modified to eliminate the requirement to pay child support? Modify the payment of child support? Would bankruptcy be a means to avoid payment of the past due child support? From a biblical perspective, is Kyle honoring his obligations as a father?Fully explain your answers.

The facts we have on the situation for our client are that he owes over $5,000 in court-ordered child support payments. He is jobless and has made no real effort to find a new job so he has no income to support himself, also his ex-wife is now re-married to a local doctor. Child support is defined as "the payments made by a parent to meet his or her legal obligation to contribute to the economic maintenance of a child until the age of majority or emancipation or some other time or circumstance set by a court" (Wilson, M. E. (2016)). Child support payments are made by the noncustodial parent to the custodial parent. The payments are made in regard to a minor who is seen as a legal responsibility to the parent, this includes biological and adopted children. Since child support is calculated by federal guidelines based on the state of residence then it has to be followed because there can be serious consequences such as fines or even jail time. Kyle's aim is to get the court to reverse the award of child support to his ex-wife based on the fact that she was just recently remarried to a doctor and also based on the fact that he no longer has a job to provide income. Though child support rewards can be modified based upon "a substantial change in circumstances or based on periodic reviews" (Wilson, M. E. Pg. 364, Exhibit 10.1). The court would need to see substantial change and though the loss of his job would be considered a substantial change, this does not mean the child support award would be reversed. The court would also review the client's willingness/determination to find a new job. There's also the point of the client's ex-wife being remarried. Remarriage has no effect on child support, child support is about not only taking care and consideration of your child and the other parent involved in the nurturing of the child but also about taking responsibility financially. So, Kyle would not be able to have his dissolution of marriage decree modified.

The client would also like to explore the option of filing for bankruptcy to get out of paying his child support. This is not a valid option to avoid child support delinquency, under 11 U.S.C. 523(a)(5) and 507(a) which states that child support cannot be discharged because of bankruptcy because it would be considered a priority payment. Based on a Biblical perspective Kyle is not honoring his obligations as a father. Based on the information given in this scenario Kyle has no intentions of contributing to his child. He is delinquent on his payments and is now seeking legal action in order to not have to pay in the future. He means to abandon his family because his ex-wife has remarried a Doctor. Two bible verses that help to explain the relationship between a man and his children in the eyes of God would be "Anyone who does not provide for their relatives, and especially for their own household, has denied the faith and is worse than an unbeliever." (Timothy 5:8), and "For you know that we dealt with each of you as a father deals with his own children, encouraging, comforting and urging you to live lives worthy of God, who calls you into his kingdom and glory." (Thessalonians 2:11-12).). Children are a gift from God, and to provide for your own flesh and blood should not be seen as a chore but an honor, this is why I think Kyle is not honoring his obligation as a father.

In conclusion, completely eliminating the requirement to pay child support is often challenging, especially if the obligation is based on a court order. Courts prioritize the best interests of the child, the only way I can see for the client to get out of child support would be to obtain custody. Bankruptcy is unlikely to provide relief for past-due child support payments. However, it's important to consult with a bankruptcy attorney to get advice specific to Kyle's situation. Though Kyle may not be able to get the child support completely eliminated he may be able to get it reduced based on his circumstances which would most likely be temporary because of the periodic review.

References

English Standard Version Bible. (2001). ESV Online. https://esv.literalword.com/

Wilson, M. E. (2016). Family Law for the Paralegal (3rd ed.). Pearson Education (US). https://libertyonline.vitalsource.com/books/9780133780253

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In Kyles case his desire to stop paying child support and eliminate past due payments due to his job loss and his exwifes remarriage to a doctor prese... View the full answer