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Old 08-21-2012, 09:56 AM   #11
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Re: My ex is suing to drop child support

In Maine its impossible to get your child support lowered. I would see if you can talk to a free attorney, here they have programs where you can get people that are still in law school or about to finish up that have to do community service time and they can give you advice free. Check around, ours is called pine tree legal, idk about your state. GL!

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Old 08-21-2012, 10:06 AM   #12
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Re: My ex is suing to drop child support

My guess is that they will at least calculate his income at minimum wage since he does have the potential to work and just chooses not to (it does depend on the judge, but this is what happened in my case). Obviously, though, if he isn't working/getting unemployment there is a possibility he just won't be able to pay anything, regardless of what is ordered.
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Old 08-21-2012, 12:40 PM   #13
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Re: My ex is suing to drop child support

In PA they impute you with an earning capacity. Also, if you voluntarily leave your job, you don't get to modify your CS. We have free attorneys for family law (income based application). I googled and it looks like NY has some similar services. There is also a lawyer referral line here is the link: http://www.nysba.org/AM/Template.cfm...Hire_A_Lawyer_ I would call them and ask if there are any reduced cost/free family law services in your area.

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Old 08-22-2012, 05:36 AM   #14
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Originally Posted by AcrossTheUniverse
My guess is that they will at least calculate his income at minimum wage since he does have the potential to work and just chooses not to (it does depend on the judge, but this is what happened in my case). Obviously, though, if he isn't working/getting unemployment there is a possibility he just won't be able to pay anything, regardless of what is ordered.
Oh I'm well aware of not getting paid even when an order is in place (currently experiencing that). I just think it would be unfair to lower it (and reward him) for choosing not to work. It's not my fault he doesn't have a job, but it means I'll have to pick up his slack and that's not fair to me when there are months I barely get by as it is. He is not, by any means, struggling. It just frustrates me because if I chose not to work and to stay home with my DD, he wouldn't be required to pay more support....but I could be required to receive less because he doesn't want to work?
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Old 08-22-2012, 05:39 AM   #15
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In PA they impute you with an earning capacity. Also, if you voluntarily leave your job, you don't get to modify your CS!
I hope that's what they hit him with...but I feel like he's going to use his other 3 kids as a son story (which he's good at doing) and that's not fair. They have a mom & a dad who take care of them...plus both parents have partners who are working who contribute towards the kids...it's not fair to expect me to take a cut in what my daughter receives when I KNOW it won't go towards the kids

He was fired from his job. He was driving a forklift and hit someone...I just feel like he's going to be rewarded for being stupid and lazy
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Old 08-22-2012, 05:49 AM   #16
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Re: My ex is suing to drop child support

I'm not an expert by any means but I would think they will figure his child support as if he were working full time earning minimum wage. I doubt that they will drop his obligation. If he isn't disabled then he could be working. He probably receives child support for his other 3 children if they live with him more than 50% of the time but since they are his children also they will reduce the amount of support you receive.
Good luck and I hope you just actually receive any amount!
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Old 08-29-2012, 03:47 AM   #17
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Re: My ex is suing to drop child support

Any update mama?
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Old 08-29-2012, 10:11 AM   #18
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Re: My ex is suing to drop child support

Quote:
Originally Posted by Umm_Ibraheem View Post
Any update mama?
Yes! updates?
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Old 09-01-2012, 10:24 PM   #19
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Re: My ex is suing to drop child support

Not to rain on the parade but I personally know 2 fathers in NYS (where I live) who were ordered to pay ridiculously low amounts for CS. One was ordered to pay like $20/week and the other as well due to lack of income. As far as I know, and from what I've seen, it will be based on what he is actually making and not the minimum wage or potential income. I'm not an expert, but this is what I've personally seen from acquaintances.
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Old 09-02-2012, 06:43 AM   #20
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The judge ordered him to pay $30 a week until he finds a job or January 1st hits, then it reverts back to $115 a week. The judge asked me if I was okay with that and I told him $30 a week isn't enough, IMO. I think it's unfair because if I threw in $30 a week too, then I wouldn't get very far. I can't say "well I spent your money this week already, you can't have never underwear or there's no more food". I told him I felt like I was being punished for being the responsible parent who stuck around and takes care of her everyday. I told the judge I felt it was unfair because if you look at the differences in our households you'd see that I bust my butt to take care of my DD everyday and I don't have nearly close to the amount of stuff he has and I think it's unfair that he can stand there and say he can't afford support, but owns 4 cars, just bought a $20,000 one, has boats, etc. The judge said he understood, but this gave my daughters father an incentive to get a job now (and referred him to ANOTHER local get you to work program.

He told the judge that he wasn't working still, but had been looking for a job, to which I said "submitting one application in 2 years isn't really looking" and he claimed health issues (mainly his back) and the judge said "well that's the excuse you gave me 18 months ago as well". After court I told him if he lost weight he wouldn't have back issues, but I wasn't so nice in the words that I used towards him. I'm just frustrated. I was paying for everything myself and barely keeping us afloat, now I'm losing over $300 a month in my budget and I'm not sure what to do.

I'm frustrated with his mom & his girlfriend. Apparently they are the ones that have been paying his bills. Instead of saying "hey get off of your butt & get a job" they buy him a $20,000 car (I know the price because he bragged about it). He already has 4 other vehicles. How about they pay a reasonable amount of child support? Make sure all his kids are taken care of first? But they don't (nor is it really their responsibility). It just frustrates me is all. He kept referring to her as "your daughter" too...he wasn't like "our daughter" ugh
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