Lay off need modification to child support


#1

Recently I am in the middle of a temporary lay off. My employer performed some illegal actions that have caused me to not be able to work temorarily. It will be 2 months before things get back to normal. I have documents to prove I am layed off, and I have a letter stating why I can not work right now from the State Board of Examiners that my license for my job is issued from. I requested my child support be reviewed, and did so on my own. My x will be using her attorney. My x has a history of trying to gut me if at all possible. Currently my x claims to make $10.50 per hour I make $20.00 per hour. My support for two children is $1,142 per month. My pay while layed off will be $459.00 per week. I subpoenad her banking records for 18 months 6 months of pay stubs and 1 year of childcare expenses. She never produced the documents for me. I went to court monday and found her attorney there instead of her. He asked me if I would mind giving him another week to prepare as he had just been given the documents on the prior thursday. I told him that would be fine as I was trying to be decent and I do not want to waste any time with a uselsess trial. Well today I talked to him on the phone. He still does not have the documents I requested and in turn asked me if I had the documents he was asking for. I was not aware he was asking for anyting as I have not been served with any papers. He wants a year of paystubs, and a year of banking records. I do not have a bank account but my spouse does. I told him I would produce the pay stubs, but I would not produce the banking records as my spouse’s income has nothing to do with this case. She has two children of her own that live with us 100% of the time. She is a 100% commision 1099 sales rep. Her pay does not reflect income tax as it is not taken out of her check. Also she does not make a bunch of extra money. Also she does not recieve any child support, our house is 3 months behind, my car is two, her car is one, obviously money is not flowing freely for us. My x wife’s attorney also tried to get me to drop my counsel for a pending custody case that I have. I did not fall for that as I know that custody and child support while related are not one in the same, nor are they the same case. My wife’s taxable income was $40,000 last year, we own a house, my taxable income was $44,000 last year. After I pay child support every week and I pay taxes I only bring home $283.00 per week when things are normal. My arguement with my x is that her income is more than she states and her childcare expenses have decreases as one of my children is in middle school now and rides the bus to and from school. I am layed off so my income is lower. My wife does not make enough extra to even consider us rich, and she is obligated to two children of her own that live with us. Please someone tell me what I can do to get a temporary reduction, if my wife is a factor in this, and what I can do to be a success with out legal counsel. I used to have an attorney but I can not afford it. I am really dissapointed that this is the way our country treats a disabled combat veteran. Hell I have not even seen my kids since the begining of the custody case because I do not have enough money to finish the trial that was November 26, 2008. Thanks!!!


#2

Your current wife’s income is not relevant to this case. You may seek a temporary reduction based on your current inability to pay, though given the short time of your expected furlow, it may not be granted.


#3

I just got a subpoena in the mail which did not arrive through certified mail, courrier, or sheriff. It was sent first class mail which is not correct, it also did not arrive 10 days before the trial. It wants my bank records, joint or sole, and it wants my wife’s bank records joint or sole, paystubs for she and I, and income tax returns. He also wants my paystubs from my veteran’s administration disability. It is not legal to include my veteran’s disablility check. Last I checked he could not consider my wife’s income. We have been through this before. His name is Robert S. Pleasant.


#4

The proper way to obtain documents from a party to suit is through discovery. Subpoena’s are used to obtain information from a non-party. Further, the subpoena was not properly served. I suggest you file an objection to the same on the above stated grounds.


#5

Well the sheriff just showed up and served me so now I guess my wife’s stuff has to be presented. It seems that from what I have read they can not consider her income. Plus she has two kids of her own that live here. I really do not know what to do. She just had surgery and is bed ridden. I am unemployed and can not afford an attorney. I am really beyond anything I can do it seems. Jesus I just needed some temporary relief. Can anyone tell me what statutes cover my spouse’s information not being able to be used?


#6

The joint bank accounts you own with her are admissible, however her income is not relevant and should not be considered in this support action. You should object on those grounds.


#7

I spent over 60 hours researching all the statutes and guidelines that effect my case and discovery of information. I prepaired and stuck to my guns. I talked to her Attorney on the phone today, and hit him with some knowledge of the laws and statutes. I told him he could not legally impute my new wife’s income because she had never agreed to and signed a notorized letter saying she is assuming the responsibility of suppporting her step children per Loco Parentis. He did not see it coming. I went to court and he said he had some kind of medical emergency with his son so the judge agreed to put it off until 2pm today. The attorney and I discussed the case outside of the court room and he conceded to me that he can not use my wife’s income, and that he knows he must go by my unemployment. He gave me my x wife’s information for her pay, childcare, and income tax. She has been getting overpayed $200 dollars a month for over a year. He also told me any adjustment I get will be back dated to the time that I filed the motion. He wants to try and work this out outside of court. I told him I would be willing to do it, but I was not going to settle for anything other than what the worksheet says is legal. I also told him that I know she is in contempt of court for not keeping me, the obliger informed of any substantial changes to her income or expenditures. I am aware that the 15% rule applies to support orders that are 3 years old, and that it does not apply to orders that are less than. Her changes to her income and expenditures are 25% different than when the order was set in place. So now she could technically owe me arrears. I was almost ready to give up last week, but I am an Airborne Ranger and I do not surrender. I refferenced the guidelines, and statutes that effect my case I printed them and made notes on how I should apply them. I also read about objection and learned that the judge is like a referee in a game, he will not impose adverse actions against either team unless they are requested. He also can not deviate from the guidelines if you use them. I am ready for it. I tried to be decent I have tried to be diplomatic and I have always honored and respected all the orders of our case. Oh, before I forget. I told her attorney that we need to submit this case to the child support administration that way we can handle these matters without litigation, and if we have to go to court she can get free representation. I told him if they are so concerned about the welfare of the children and concerned about saving her money it does not make since to be burning up money on legal fees for trials that are not necessary. There is no need to fight or hide if you are doing what is right. I have always disclosed my information and done the right thing with no exception.


#8

Sounds like you ended up getting the other side to see things your way! Congratulations, your efforts paid off.