Ex laid off but still won't work a 40 hr week?


#1

I would like to add to this before the attorney reads and replys!!! To carify the situation we have. My husband’s ex is perfectly able to work, but just does not want to…her new husband works “3” jobs!!! He has his full time job, delivers pizza and they run a vending machine business. He also has suger dibetes…and she depends on him to pull these kind of hours so that she can sit home and then tell us that she can’t make ends meet? Can we possibly fit this on the grounds that she is not in good faith supporting her part of the childs well being? Thank you!

angela gordon


#2

Do you know if your state when they use the guideline for the amount of CS figure both parents income or just the fathers??? Sadly our state only looks at the father income when they figure CS but some states will figure it using both parents income. If they do figure boths, now this is a pipe dream (lol) but worth trying is if was making that much when it was figured that she shoud be able to make that again… just like they do the father, they always say on the father if he earned so much at one time then he can make that again. It is a big hope… most of time fathers get the short end of the stick but it is something to look into and cross your fingers


#3

Hey shadow…thanks for input…I’m in NC and yes they look at both incomes…there is something in the guideline’s called “Impute” of salary…meaning that they we could argue that she in “under-employed” by her own fault…and they could possibly go back and look at what she was making at her last job which was over 30K a year…in that case, then my husbands total should drop! I hope we have a case, but I’m not sure…we have a appointment with our lawyer next Monday…but get this…the same day she cried to my husband that she needed more money, that she makes less than 10K a year!!! Then in the next breathe she said they are leaving today going to Disney world to see “Mickey Mouse”??? Please lady!!! I’m so upset…and we give the child spending money all the time too…we currently pay her $600 a month from Sept thru May and $700 Jun, July and Aug…and pay all the insurance and copay!!! And she lives in a brand new $200K house too…

Fed up with ex in NC!!!


#4

Dear gordona:

Greetings. How does she want more money? Alimony? Child Support? Why not just ignore her until something is filed? Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

She is wanting more child support. She came to my ex and asked for more money. She wants to do it without a lawyer, but we feel that we are already paying enough. She said that if we didn’t give her more, she was going to her attorney to file the modification. She won’t tell us how much more she wants, she wants us to tell her what we will do.

Fed up with ex in NC!!!


#6

Dear gordona:

Greetings. Go run the child support guidelines and see what you should pay. Then, if you are paying too much, wait for her to file the motion. If you have an order, and it is less than 3 years since the last order, unlikely that she will succeed. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#7

My husband’s ex is wanting more money. It has been 8yrs since since the divorce. She lost her job 3 yrs ago and only one year ago finally went back to work…but only part time…she is crying to us that she makes less than 10K a year…should we have to pay the difference when she is able to work…she was making 30K when she got laid off…she could at least get a job making that…couldn’t she?

angela gordon