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Child Support

 
 
Montana
 
Reply Wed 28 Jan, 2004 11:48 am
My child support was late this week, so I called my ex today to ask where it was and he informed me that he is no longer working. He wouldn't tell me why he lost his job, only that he is out of a job. I recently filed papers with probate court so I could have my child support increased and I have just been waiting for the court date, which will be anytime now. I believe my ex stopped working in spite of me because I am going after him for maximum child support. Almost 5 years ago I settled for less than half the support I was entitled too, but now I am in need of the maximum and he goes and loses a good job.
I know the back support will add up for the time he's not working, but I need to know if it will be worth it to take a long trip (1400 miles both ways) to go back into court. Is it possible that a judge would increase my support if he's not working.
My ex has been working in the same company for over 10 years now and I know he either quit or was fired from his job and I believe that him losing his job right after he was served with court papers is some kind of scam he and his demented wife thought up so I couldn't get my support increased. Either way, this is a very bad thing for me at the moment.

I'm hoping some of you legal buffs out here can shed some light on where I stand.

Not a good way to start my 40's :-(
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Type: Discussion • Score: 1 • Views: 17,257 • Replies: 352
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fishin
 
  1  
Reply Wed 28 Jan, 2004 12:03 pm
Keep your court date Montana! His lack of a current job might result in the judge delaying the implementation of any changes but he can order that changes take effect in 90 or 180 days or something.

If you drop things now then you'll have to start it all up all over again when he gets another job. Finish what you stared and get the court order. Then the ball is in court to figure out how to deal with it.

Don't you go letting him get away with this BS. Wink
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Montana
 
  1  
Reply Wed 28 Jan, 2004 12:06 pm
Ok Fishin. I figured it was a good idea to follow through with it, but my financial situation is going to kill me :-(
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Phoenix32890
 
  1  
Reply Wed 28 Jan, 2004 12:10 pm
Montana- Do you know for sure that your ex is really out of a job? He may be telling you this to get you off his back. A lot of these domestic hassles are as much a war of nerves as legal maneuvering. I agree with fishin'. Go forward with whatever you had planned.

BTW- My son had gotten custody of my granddaughter. His ex was supposed to pay child support. All of a sudden, as soon as my son won custody, she claimed that her hours were cut, and went to court, to have the support lowered. (BTW- my ex DIL is a nurse, and you are constantly reading articles about how there is a serious need for nurses).
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Noddy24
 
  1  
Reply Wed 28 Jan, 2004 12:15 pm
Montana--

Move forward as planned. The "Oops, I lost my job" is a well-worn ploy. Have you talked to the agency that deals with keeping track of back support?

It is always possible that he's telling you he's not working, but he actually is working and the secretary in charge of Child Support deductions is either aiding and abetting his scam or too disinterested to notice.

Have you called the company and asked about his employment status? I'm sure the judge would love to know if the creep has started telling dumb, self-serving lies.
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Montana
 
  1  
Reply Wed 28 Jan, 2004 12:28 pm
I just got of the phone with his boss who varified that he's not working for him at this time. I asked his boss if this was a permenant situation and he told me that he was not at liberty to say. His boss is court ordered to garnish his wages and pay my support, but they never wanted to bother, so they had been cutting him checks in my name to deposit for me. My support was always late and I had nothing but problems. My plan when I go to court is to get the DOR involved in collecting my support, so I wouldn't have to deal with this anymore.
I wouldn't put it past his employer to go along with some type of scam seeing that he didn't think anything of fallowing the court order in the first place. I can see him laying my ex off for a few months until the court thing is over or better yet hoping that I'll just drop the matter.
I knew in my mind that he was going to do whatever he could to get out of paying me another dime. I knew he was going to pull something because he always has everytime I tried to get him for support all these years.
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Montana
 
  1  
Reply Wed 28 Jan, 2004 12:33 pm
Funny how my ex suddenly loses his job just a few days after he was served with the court papers. Hmmm......
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SealPoet
 
  1  
Reply Wed 28 Jan, 2004 12:34 pm
Free legal advice is worth what you pay for it.

Regular legal advice may-or-may-not be worth it.

I feel for you. I'm on the other end of it, but I do not play games with the child support.
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Montana
 
  1  
Reply Wed 28 Jan, 2004 01:06 pm
Thanks Seal. I'm not some vindictive witch that is trying to make my ex miserable, in fact it's the other way around. My ex never willingly gave me a dime in child support so I had to fight for it. He payed nothing for the first 12 years of my sons life, but since I wasn't out to screw him I settled for less than half of what I was entitled too and let him go on the 12 years worth of back support just so he wouldn't take it out on our son, but he still wasn't happy with that. At the time I was making more than he was and was able to support my son on my own, although some help would have been nice. Every time I asked the man for a little help when needed he flat out refused and actually stopped calling our son for a long time. Now I'm in a position where I need the money and since our son will graduate from high school in a little over 2 years, I would think the man could have done the right thing for a change instead of playing baby games with his sons support.
What a monster that man is!!!

Now my son wants to quit school to go to work and is furious with his father :-(
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roger
 
  1  
Reply Wed 28 Jan, 2004 01:38 pm
In any case, judgement for child support is a fixed amount, not a percentage of income. The obligation is there whether the spouse is working or not. Carry on.
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Montana
 
  1  
Reply Wed 28 Jan, 2004 01:53 pm
Thanks Roger.
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Montana
 
  1  
Reply Tue 17 Feb, 2004 11:58 am
I just called the court house and they tell me I have to wait another 2 months for a court date which they called a pre-trial date. This is about child support, so what's up with the trail stuff. None of my paper work told me I'd have to wait this long and my lawyer even said I should have a date by now. I am so pissed!
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Thomas
 
  1  
Reply Tue 17 Feb, 2004 12:09 pm
I have no idea about the legal side of this. But I think there's a psychological side to it too. By making this trip, you signal to your ex that you are willing to go the extra mile to fight for your rights --1400 times in fact. This tells him that you will not be screwed with. Judging by your remarks about him, this may well be worth doing even if you lose this particular battle.
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Montana
 
  1  
Reply Tue 17 Feb, 2004 12:16 pm
Thomas
I know it's going to be worth the trip, but since he cut my child support off a month ago, it has put me in a financial burden and if I have to wait yet another 2 months just to get a court date, I'm screwed. My ex is going to milk this for all it's worth. I know the courts will force him to pay the back support I'm owed, but they will also give him time to pay it, so I'm looking at atleast another 5 months before I get any child support at all. This is going to have a terrible effect on my sons home schooling as I am going to have to go to work full time and do the home schooling as well. I just thank god that he's off for the summer.
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Noddy24
 
  1  
Reply Tue 17 Feb, 2004 12:38 pm
Montana--

Sometimes life is one damn thing after another. Hold your dominion.
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Montana
 
  1  
Reply Tue 17 Feb, 2004 01:02 pm
You've got that right Noddy! Sheesh!
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Noddy24
 
  1  
Reply Tue 17 Feb, 2004 02:52 pm
Hope & springtime are charging north. My pussy willow tree has furry catkins on the top branches--I've dedicated the center branch to you.

I've been on the fringes of several support battles. Your Delinquent Daddy may think he is being terribly clever, but when the judge hears about his intricate games, the judge will not be amused. Annoyed judges don't offer lots of "time to pay". Annoyed judges talk about "contempt for the law".

My kids' father was fairly good about support--provided that I slathered on Rapt Admiration and Awe Struck Respect. When my younger son decided to join the army at 17 (long story) I was able to swear a mighty oath that I'd never talk to the bullying S.O.B. again. By and large, I've been able to honor that promise to myself.

If you can just survive the next few years, you'll be Free Forever!

Hold your dominion.
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Montana
 
  1  
Reply Tue 17 Feb, 2004 05:16 pm
Awww!!! That's a sweet thing for you to dedicate the pussy willow top branch for me.

I hope you're right about the judge seeing through his scam and pray that they get him going with my payments sooner than later.

I dream of that day in a little over 2 years from now where I won't ever have to deal with that S.O.B. again for as long as I live.

Thanks for the very needed smile and for making me feel a bit better. It's appreciated :-D
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Noddy24
 
  1  
Reply Tue 17 Feb, 2004 06:54 pm
Montana--

Hang in there. Greenstuff has power, particularly when the sap is rising.
Hold your dominion.
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Montana
 
  1  
Reply Tue 17 Feb, 2004 07:22 pm
Thanks Noddy. You made my day :-D
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