COURT 10:30AM 2/2 - Child Support When Spouse Has Been Fired


#1

So how exactly will this work? We are due to go to court TOMORROW MORNING for child support. Come to find out, he was fired from his job for not making his quota and was fired YESTERDAY AFTERNOON.

So as of right now, he has no income. What will they base the child support on at this point?? Will they say he has no income and then set judgment based on that and then I have to take him BACK to court when he DOES get a job? Will they base it on what he’s CAPABLE of making? I just don’t understand exactly how this will work and I’d REALLY like to know what to expect because right now, I’m seething. He has been on probation for not making “quota” since July and they’re just now firing him over it. Additionally, he has 401K money that he is using as fast as he possibly can which once we DO get to equitable distribution, there will be nothing left to distribute so as usual, I will be left still working overtime in order to make ends meet (at least for now until the overtime is no longer available), carrying the insurance on the kids and trying to raise them as best as I can. What gets me is that he STILL gets visitation too … no questions asked. He still gets to take them and gets out of paying support. Since I left in mid November, he has paid me maybe $700 total and that was WITH HIM WORKING.

Please … what can I expect. Right now I’m just feeling absolutely positively lost, upset and scared.

Thanks.


#2

**** Note: I AM NOT A LAWYER!!!
This looks fishy to me, is this a firm where he might have “faked” this? Consider the possibility. If this was me, I would say at the hearing that since he just have been fired, this should not be discussed now and request a continuation and another hearing date. He can’t fake things forever if that is the case.


#3

Believe me, that’s the first thing I thought as well … that he has faked this somehow. However, he has been on probation since July for “not meeting his quota” and when I called the office yesterday from a blocked number and asked for him, they said he was no longer there and asked if I wanted someone else. I don’t know what to think. I was told that if he has no income, guidelines state that he has to pay $50/month. I don’t know if that’s true or not but I’m going to be highly upset if that’s the case. He has told my parents all along that he will not pay me any money until a judge tells him he has to. This was just a way for him to get around it.


#4

Just an update for those interested.

The judge gave him 24 hours to provide proof of whether his termination was voluntary or involuntary (ie: whether it was his fault or not) so they can better know if he’ll be getting unemployment, etc. and then they’ll evidently set a temporary order until he finds permanent work. Once he finds permanent work then we have to go back to court again.

I just don’t understand why the legal system seems to make it so difficult for people who are trying to do right by their children!! This just means more overtime for me in order to make ends meet until he gets off his butt and gets a permanent job (which he won’t bother doing for a while because he’ll have unemployment for a year and he’s in his mid-50s and not exactly marketable). This is just so unfair.