Child Support Modification

[Ohiogal]

Originally Posted by Dogmatique

Well crivens, you learn something new every day.

It had never occurred to me that republishing - even if it is only reporting the original offending material - could land the publisher in hot water.

(see, this is why I hang here so much. More knowledge!)

Actually it can. I should have remember that when I was clipping earlier. I wasn't posting thinking of the judge. I was posting to show that this OP is digging himself a hole. Now I think I removed everything about the judge but kept in the biggest stuff that shows that OP is wrong and the judge's decision for the most part is logical.

[quincy]

The posts look good now, OG.

[Ohiogal]

Originally Posted by quincy

The posts look good now, OG.

Thanks Quincy. Hey I never said I was perfect but I am still aiming for it!

[LdiJ]

Originally Posted by Ohiogal

Actually it can. I should have remember that when I was clipping earlier. I wasn't posting thinking of the judge. I was posting to show that this OP is digging himself a hole. Now I think I removed everything about the judge but kept in the biggest stuff that shows that OP is wrong and the judge's decision for the most part is logical.

That is one of the reasons why it frustrates me that links don't work better on these forums. No need to copy and paste if you can link...and no liable issue.

[quincy]

"Perfect" would not be nearly as interesting.

[Ohiogal]

Originally Posted by quincy

"Perfect" would not be nearly as interesting.

Arrggh.. interesting is the fact that this is the first night all is quiet and I get a chance to sleep -- I mean REALLY sleep and though i am exhausted -- yeah I am still up. Oh well. Going to have to break out the sleeping pills tonight.

[scottklein]

Originally Posted by Ohiogal

In other words you were fired for cause. Hence that is seen as voluntary. Which means you will most likely not qualify for a downward modification in child support.

That makes no sense. That's like saying I got fired because I wanted to get fired hence there'd no downward modification in child support. So in other words, I'm just plum out of luck...If I quit or get fired I'm in the same boat. I lost 40% of my income which leaves me with almost nothing to live on and I'm just supposed to grin and bear it? I guess there aren't grounds to have your child support modified then...What I was told was that if there is a substantial change in circumstances you could get a modification. We're not talking a few hundred dollars here guy. I lost $3,300 a month in income...that's not chump change.

[scottklein]

Originally Posted by Ohiogal

Irrational decisions because she did not give you a downward mod? You had two jobs? What two jobs are you currently working? Calling the judge names is not giong to help your case because that attitude will come through in court.

Also portions of your blog postings:



So you SETTLED and AGREED and Judge had nothing to do with it but making your agreement an order.


Was your alimony modifiable?


You allowed it to be computed at 8333 and did not dispute it. In fact you agreed. You made a bad bet and broke the bank. Why should your children suffer for your lack of foresight and bad betting?



40% of 8333 is 3333.20 actually. NOT 5000. 5k is what you were left with. You should not have agreed to such a high alimony payment and it should have been made modifiable but you don't mention that. You agreed to it. Why did you make a bad deal? Why did you get fired?



Okay


Your expenses do NOT matter. At all. That is what you do not understand. When it comes to child support YOUR PERSONAL expenses matter not.

Let's start from the top...Sure I made irrational decisions. They were bad decisions, but that shouldn't matter. I lost $3,300 in monthly income and I'm left with almost nothing to live on. That's the issue here. Whatever I agree to shouldn't have any bearing on my current circumstances. This isn't rocket science.

You must not of read the whole story. I work at a car dealership selling cars and I work for the Atlanta Journal delivering newspapers in the middle of the night.

And yes, I'm bitter or I have a bad attitude you call it, but who wouldn't? I'm not going to just sit back and lick my wounds. I got screwed and I'm gonna fight back. I know I'm going to piss some people (including the judge) off on the way, but that's what happens when you get screwed and you fight back.

Yeah, 5K is what I'm left with (actually it's even less than that, but that's a whole other issue), about 4K after taxes which means I'm left with gas money. "Man can't live on gas alone!" I agreed to that because I wanted to get the divorce over with and I wanted to provide the best possible situation I could for my kids. Things backfired, but why should I be penalized for doing the right thing? And why does anyone get fired these days? I'm in car sales. Car dealerships are closing in record numbers. People aren't buying car right now (and haven't been for about a year). It's a production business. No production no job, it's that simple. I know guys that have been out of work for over 6 months.

Forget my expenses then, I agree they mean nothing. But what should mean something is the fact that I have $3,300 a month less of income. That's the point for a modification...a substantial change in circumstances. Losing $3,300 in income should qualify (it should be a no-brainer) for a modification. Period!

[scottklein]

Originally Posted by LdiJ

Bali, a newbie is going to have no idea that you are being sarcastic.

I think he's more ignorant than sarcastic. I'm the sarcastic, bad attitude one here. He sounds just as irrational as the judge I had. Like I said earlier...this isn't rocket science. I lost 40% of my income ($3,300). That's grounds for modification. Period, end of sentence!

[scottklein]

Originally Posted by Ohiogal

Being a homophobe does not give you points. Seriously. You made a deal. YOU AGREED to this amount. Just because it was a bad deal doesn't mean it gets changed.



What is so bad that are you being held to the AGREEMENT you made? What you signed off on? YOUR agreement was made a court order. YOU had a say in this. If you want to complain about your attorney's bill look at the contract you signed. How much was the hourly rate? How much time did your attorney spend?



Really? Why do you have to pay opposing counsel's fees? Oh because you were found guilty of contempt?



Well technically you are in contempt. You can be found guilty for such. You are talking about PURGING the contempt by paying late and before court but that does not mean you were NOT in contempt.

Ok, so I made a bad deal so it shouldn't get changed? Does that mean if I made a good deal it should have gotten changed? Come on guy, you make no sense! A deal is a deal whether it's good or bad shouldn't make a difference. I had a substantial change in circumstances with my income going down 40%. That's what this is all about isn't it? "OK sir, you made a bad deal, therefore your modification request is DENIED!" Makes sense to me...NOT!

What is so bad that are you being held to the AGREEMENT you made? What you signed off on? YOUR agreement was made a court order. YOU had a say in this.


What's so bad is based on my current circumstances of losing $3,300 a month in income, I can't live. Oh, that's right...my expense mean nothing. Let's just say that since I did have a significant change in my circumstances I should be entitled to a modification.

So because I was in contempt for something entirely different (not paying my child support of the first of the month because of the way I get paid) then the modification hearing, I have to pay opposing council fees? How irrational is that? They are two separate cases. The judge is bias and didn't listen to the facts of the case. I was sitting back there watching her. She was off in la la land thinking about going home for the day. Her mind was made up before I even got to the stand.

[scottklein]

Originally Posted by Ohiogal

Being a homophobe does not give you points. Seriously. You made a deal. YOU AGREED to this amount. Just because it was a bad deal doesn't mean it gets changed.



What is so bad that are you being held to the AGREEMENT you made? What you signed off on? YOUR agreement was made a court order. YOU had a say in this. If you want to complain about your attorney's bill look at the contract you signed. How much was the hourly rate? How much time did your attorney spend?



Really? Why do you have to pay opposing counsel's fees? Oh because you were found guilty of contempt?



Well technically you are in contempt. You can be found guilty for such. You are talking about PURGING the contempt by paying late and before court but that does not mean you were NOT in contempt.

So technically I'm in contempt on the second of the month if I don't have the required $3,200 (it's now $2,600). The way I get paid that's impossible...it will never happen. All the more reason to have that agreement modified.

[scottklein]

Originally Posted by Dogmatique

'K, OG. You got me there. I'm actually speechless. (darn good sleuthing, btw)

Would be terribly nice if occasionally - just occasionally! - a poster would actually post the real, relevant story without omitting possibly critical facts.

Seriously though - if all a person can do is find ways to insult the judge, they really don't have much going for them.

Legally OR otherwise.

You obviously didn't read the whole post. It's pretty detailed...it's very real...it's highly relevant, and nothing was omitted. I laid it all out there Guy, you just need to read it to be enlightened.

And I agree, two wrongs don't make it right for me to insult the judge. But she insulted me as well as totally disrespected me and my reflex mechanism kicked in.

[scottklein]

Originally Posted by Ohiogal

He posted the website. I just read it and posted it here. His major problem is he agreed and within two months of the AGREEMENT becoming the order he was looking to modify it. Now he has a bad attitude regarding the judge and, quite frankly, that attitude will seep through and color his behavior in the courtroom.

Again, you're really not paying attention here Guy. It wasn't 2 months after the agreement was signed, it was 6 months when I was totally broke. Are you guys really attorneys? Because if you are, I need to know NOT to hire you to handle my future case.

[Nativity]

Then go hire one if you are not satisfied with HER responses.

[LdiJ]

Originally Posted by scottklein

Again, you're really not paying attention here Guy. It wasn't 2 months after the agreement was signed, it was 6 months when I was totally broke. Are you guys really attorneys? Because if you are, I need to know NOT to hire you to handle my future case.

I really do understand your problem and do have sympathy for it. I realize that you are in a very tough position.

The problem is that a huge number of people either quit high paying jobs or deliberately get themselves fired right after being ordered to pay high amounts of alimony or child support. Therefore it always raises red flags with judges.