My ex-husband and I divorced seven years ago. Our two boys were living with me, until I could not financially support them anymore - they went to live with their dad (and I have been paying him child support since then). Now, our oldest has moved back in with me to finish his last year of high school (he is eighteen). I have filed for a modification of child support, as it is my contention that since we are both supporting a child, there should be no child support paid by either party.
Needless to say, my ex-husband is very unhappy with this. He has informed me that when we do go to court he will be requesting that my boyfriend and I be drug tested. This is the first time this has come up, and the boys have spent plenty of time at our home, so the only thing I can think of is that this is his way of trying to waste time and continue to receive child support from me for as long as he can. My boyfriend got into some trouble, but that was twenty years ago. I've also been informed that my ex-husbands girlfriend has a friend who is a police officer whom she has had run background checks on both of us.
We are prepared to take random drug tests if we have to (we know that we will pass easilty), but does he have any right to try to stall like that? And will he have to pay me back the child support that he has been receiving (since June 24) that he should not have been? I attempted to have him sign the papers and attest to everything so as not to waste the courts time, but he wouldn't.
Thank you for your time - I apologize for the lengthy post.
Modification of child support
On the child support issue, you are responsible for the payments until you obtain a modification of the order. You should continue to pay, as past due child support becomes a judgment against you the day it is due.
I suppose if you are seeking a change in the custody arrangements, your ex-husband could file a motion requesting drug testing. However, that is an excellent way to piss off a judge, especially if he supports his motion with some vague accusation about your boyfriend being arrested 20 years ago on a drug related charge. You should consult a Massachusetts divorce lawyer regarding both of these issues. Good luck.