Lost Job - Impact on Support?

[SilkyTP]

What is the name of your state (only U.S. law)? IL

I was divorced this January and have been paying child support and alimony through my payroll. My divorce attorney took advantage of the fact that I didn't have a lot of money to retain another attorney and mistreated me badly - he has withdrawn (mutual) and I have no attorney. I am making payments to him but cannot afford another retainer for a new lawyer - I'm living by a thread. So I've come here to see how much of what I have to do can, in fact, be done without an attorney; hopefully you can help.

On Friday, my position with my employer was eliminated (RIF). As I understand it, I have 10 days to notify the clerk of the circuit court. Someone told me that I need to file an emergency motion for change of circumstance. I have a couple of questions related to this.

First of all a portion of my payments to my Ex are alimony - so if there is a change of circumstance, in as much as I do not have a new job yet, would my request have to formally state both, the alimony and child support? Can anyone shed some light on what I have to make sure to state in the motion - that is, does it have to be phrased a particular way? In addition, I want to make sure that I follow process correctly, such as certified letter to her attorney with notice of motion (when is that done, when I file the motion?); what other things have to be included. The forms that are available on line are a bit confusing - I guess I need to understand the process of what has to happen, and what I need to do to make sure that it happens.

I'm also curious if my total support payments (CS and alimony) are handled the same, at the same time, or if they have to be handled separately. I also don't know if I need to file a Pro Se appearance or anything first.

If I do all of this right, what does it mean for CS/alimony later - once I find a job, I know I have to notify everyone and an order of support to my new employer will be sent (by whom, I'm not sure), but does that mean I will owe arrears of some kind? I expect to file for unemployment on Monday, so how does that figure into what I should expect to happen if my motion for temporary relief or whatever is granted? We don't know how much I'll get in unemployment, and I would expect that a portion of whatever I do get will be ordered to be taken out, but I'm not sure how that works.

Now I know the answer is to find an attorney, but I'm living on a thread, and have just lost my job. I don't know that I have a lot of choice, so I have to try to do the best job I can, myself. Since I've gotten sage advice from this forum in the past, I'm hoping that someone can help. I'm not afraid of doing the research, but I don't have a clear sense of the steps to take and the order in which to take them.

Can anyone help me?What is the name of your state (only U.S. law)?

 

[seniorjudge]

Has your child's need gone down since you lost your job?

 

[SilkyTP]

Of course the children's needs have not gone down. Are you suggesting however, that I be put in jail, or have my drivers license suspended for losing my job?

Seems to me that the question you pose is off-topic. I'm not trying to avoid my obligation, I am trying to ask what I must consider, procedure-wise, to file an emergency motion for change of circumstance.

Further, the Uniform Order of Support states that I must notify the Court as well as the obligee within 10 days, that there has been a loss of employment, and within 10 days of gaining new employment. I interpret that to mean circumstances have changed.

The notion that there is even the term "change of circumstance" seems to imply that circumstances change, and that there is a process by which to have them evaluated by a judge. That is what I am asking.

 

[Tallrat]

Has your child's need gone down since you lost your job?

Has you're need for post count went up?

To the OP - Hopefully someone that is familiar with Illinois will come in here. In mean time look here

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1772

You may put in your zip for info in your area. Good luck and hopefully you will get back in the saddle soon

 

[SilkyTP]

Thank you Tallrat, I'm reading it now.

 

[LdiJ]

Has you're need for post count went up?

To the OP - Hopefully someone that is familiar with Illinois will come in here. In mean time look here

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1772

You may put in your zip for info in your area. Good luck and hopefully you will get back in the saddle soon

You really want to be a bit more careful in addressing Seniorjudge....he is what his screen name implies. He asked that question for a reason.

 

[LdiJ]

What is the name of your state (only U.S. law)? IL

I was divorced this January and have been paying child support and alimony through my payroll. My divorce attorney took advantage of the fact that I didn't have a lot of money to retain another attorney and mistreated me badly - he has withdrawn (mutual) and I have no attorney. I am making payments to him but cannot afford another retainer for a new lawyer - I'm living by a thread. So I've come here to see how much of what I have to do can, in fact, be done without an attorney; hopefully you can help.

On Friday, my position with my employer was eliminated (RIF). As I understand it, I have 10 days to notify the clerk of the circuit court. Someone told me that I need to file an emergency motion for change of circumstance. I have a couple of questions related to this.

First of all a portion of my payments to my Ex are alimony - so if there is a change of circumstance, in as much as I do not have a new job yet, would my request have to formally state both, the alimony and child support? Can anyone shed some light on what I have to make sure to state in the motion - that is, does it have to be phrased a particular way? In addition, I want to make sure that I follow process correctly, such as certified letter to her attorney with notice of motion (when is that done, when I file the motion?); what other things have to be included. The forms that are available on line are a bit confusing - I guess I need to understand the process of what has to happen, and what I need to do to make sure that it happens.

I'm also curious if my total support payments (CS and alimony) are handled the same, at the same time, or if they have to be handled separately. I also don't know if I need to file a Pro Se appearance or anything first.

If I do all of this right, what does it mean for CS/alimony later - once I find a job, I know I have to notify everyone and an order of support to my new employer will be sent (by whom, I'm not sure), but does that mean I will owe arrears of some kind? I expect to file for unemployment on Monday, so how does that figure into what I should expect to happen if my motion for temporary relief or whatever is granted? We don't know how much I'll get in unemployment, and I would expect that a portion of whatever I do get will be ordered to be taken out, but I'm not sure how that works.

Now I know the answer is to find an attorney, but I'm living on a thread, and have just lost my job. I don't know that I have a lot of choice, so I have to try to do the best job I can, myself. Since I've gotten sage advice from this forum in the past, I'm hoping that someone can help. I'm not afraid of doing the research, but I don't have a clear sense of the steps to take and the order in which to take them.

Can anyone help me?What is the name of your state (only U.S. law)?

One thing that you have to understand, is that losing your job so soon after a child support/alimony order goes into effect tends to raise a red flag with the judge. You will need to plan to pay your full support, one way or another until the orders are modified, and you will need to provide hard evidence that your loss of the job was completely involuntary, if you want to have any hope of lowering the payments.

 

[SilkyTP]

You really want to be a bit more careful in addressing Seniorjudge....he is what his screen name implies. He asked that question for a reason.

That is an interesting notion - the only reason I can see to ask that question is to suggest that any ruling wouldn't be in my favor because my children's circumstances haven't changed, just mine. If that is Seniorjudge's point, he/she may well be correct. But that's not what I'm asking.

I am asking about "process" and considerations; I'm not asking for an evaluation of the merit of a man paying child support who suddenly loses his sole source of income - at least not here.

I believe that since I have lost my job, I have the right to ask for my obligation to be suspended until I can secure employment. I KNOW others have done this - countless times. I'm asking what I need to make sure and do and how to go about doing it. I'll let my local magistrate rule, I just want to do this right.

In regards to:

One thing that you have to understand, is that losing your job so soon after a child support/alimony order goes into effect tends to raise a red flag with the judge. You will need to plan to pay your full support, one way or another until the orders are modified, and you will need to provide hard evidence that your loss of the job was completely involuntary, if you want to have any hope of lowering the payments.

I DO plan to pay the support until any order is modified. Whether the timing is a "red flag" or not, is really irrelevant. I have my documentation and would like to present a "case" to the judge.

As a side point, if the judge should rule that I cannot have the order temporarily suspended, then my children will suffer. I will be forced into contempt, drivers license possibly suspended, and possibly go to jail - I cannot earn a living from jail or without a drivers license. But if I'm to go to jail for being out of work, so be it, I suppose. I am only looking for help here, to present my case to a judge and ask for a review. Since I don't have procedural experience, I don't want to screw up something as important as this and have asked for help. (shrug).

 

[Ohiogal]

]That is an interesting notion - the only reason I can see to ask that question is to suggest that any ruling wouldn't be in my favor because my children's circumstances haven't changed, just mine. If that is Seniorjudge's point, he/she may well be correct. But that's not what I'm asking.

He is correct. Your income will be imputed. You need to find another job. PRONTO.

I am asking about "process" and considerations; I'm not asking for an evaluation of the merit of a man paying child support who suddenly loses his sole source of income - at least not here.

You need to understand a few things -- you are expected to continue to be able to make the same amount of income and find another job. Your arrears will accrue. You will also need to explain to the court why you haven't found a job as well as show where you have applied for work.

I believe that since I have lost my job, I have the right to ask for my obligation to be suspended until I can secure employment. I KNOW others have done this - countless times. I'm asking what I need to make sure and do and how to go about doing it. I'll let my local magistrate rule, I just want to do this right.

YOu can ask but a few questions -- what exactly does your decree state regarding alimony?

In regards to:



I DO plan to pay the support until any order is modified. Whether the timing is a "red flag" or not, is really irrelevant. I have my documentation and would like to present a "case" to the judge.

It is NOT irrelevant.

As a side point, if the judge should rule that I cannot have the order temporarily suspended, then my children will suffer. I will be forced into contempt, drivers license possibly suspended, and possibly go to jail - I cannot earn a living from jail or without a drivers license.

YOu are wrong.

But if I'm to go to jail for being out of work, so be it, I suppose. I am only looking for help here, to present my case to a judge and ask for a review. Since I don't have procedural experience, I don't want to screw up something as important as this and have asked for help. (shrug).

And I have asked you a question. Answer it.

 

[Tallrat]

You really want to be a bit more careful in addressing Seniorjudge....he is what his screen name implies. He asked that question for a reason.

I am not in his court room facing the death penalty, lol. That is such a loaded question anyway. Unless the OP said, Well I won the lottery and gave each kid 5 million apiece of course the kids situation hasn't changed as far as his responsibilities.

From what OP has posted, He lost his job legitimately and want's info on doing thing's the correct way. He doesn't appear to be someone trying to scam the system or screw his children over. He is worried that if he cannot find work quickly he will lose license and maybe jail. Luckily it appears Ohiogal is helping.

 

[LdiJ]

I am not in his court room facing the death penalty, lol. That is such a loaded question anyway. Unless the OP said, Well I won the lottery and gave each kid 5 million apiece of course the kids situation hasn't changed as far as his responsibilities.

From what OP has posted, He lost his job legitimately and want's info on doing thing's the correct way. He doesn't appear to be someone trying to scam the system or screw his children over. He is worried that if he cannot find work quickly he will lose license and maybe jail. Luckily it appears Ohiogal is helping.

It was the snide comment that was unnecessary and inappropriate.

 

[Tallrat]

It was the snide comment that was unnecessary and inappropriate.

Yeah not much of that floating around here....

 

[LdiJ]

Yeah not much of that floating around here....

Not from me, and not from Seniorjudge. Perhaps you could consider following our lead rather than the lead of some of the others.

 

[Tallrat]

Not from me, and not from Seniorjudge. Perhaps you could consider following our lead rather than the lead of some of the others.

Well you got me there, lol. You are correct. I try but sometimes a curt answer that doesn't help gets under my skin. Will try to be better, broken leg and time on my hands makes me do thing's I probably shouldn't

 

[Ohiogal]

I STILL need an answer to my question regarding the court order. Because unless I know what it states regarding alimony and such it does not matter. But arrears will acrrue quite frankly unless he pays what he is ordered to pay. That much I can guarantee.