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11-18-2008, 11:57 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | What should I do since he has been laid off
What is the name of your state (only U.S. law)? KY
I have been divorced now for 1 year. My ex was making good money and had agreed to pay child support, maintenance until my car is paid off (for about 4 years), and all of the insurance for our daughter who has asthma. He was recently laid off from his company and will not take less money than he thinks he is worth so he is deciding to go on unemployment until he finds something which could be a long tme if he isn't willing to take less money than he was making. He is living in a $950.00/month apartment with his wife and likes to spend his money. He recently got an inheritance and paid one of his cars off. Now he is wanting to take me to court and lower the child support and suspend my maintenance and our daughter wil no longer have insurance. The thing with maintenance is we agreed that I would get it for so long and I would take all of the debt, which I did. I have changed my way of living drastically while he has been living it up with his new wife and their $150/ month cable bills (Yes I think that is crazy too!)
Since we made this agreement can he really suspend the maintenance and make life for myself and our daughter even harder. I think since he is married and has the college education (since I worked part-time to care for our daughter while he was in school) he should either take less money to work or let his way of life be less and try to keep up with my daughter's child support payments and maintenacnce to me. I* was told if I take the debt he would pay me so I could keep my car since I won't be able to get one now that I have all of the bad credit from the debt. I just need some ideas on what the heck I should do.
Also, he served me with the papers to go and get the child support lowered and is representing himself. Is there a way I can go in and postpone that deate for a later one since I had 4 days notice in order to get myself a lawyer. Please advise on what I would need to do to do that.
THank you for any help!  |
11-18-2008, 12:05 PM
| | Senior Member | | Join Date: May 2004
Posts: 33,549
| | Quote:
Originally Posted by Elkie  What is the name of your state (only U.S. law)? KY
I have been divorced now for 1 year. My ex was making good money and had agreed to pay child support, maintenance until my car is paid off (for about 4 years), and all of the insurance for our daughter who has asthma. He was recently laid off from his company and will not take less money than he thinks he is worth so he is deciding to go on unemployment until he finds something which could be a long tme if he isn't willing to take less money than he was making. He is living in a $950.00/month apartment with his wife and likes to spend his money. He recently got an inheritance and paid one of his cars off. Now he is wanting to take me to court and lower the child support and suspend my maintenance and our daughter wil no longer have insurance. The thing with maintenance is we agreed that I would get it for so long and I would take all of the debt, which I did. I have changed my way of living drastically while he has been living it up with his new wife and their $150/ month cable bills (Yes I think that is crazy too!)
Since we made this agreement can he really suspend the maintenance and make life for myself and our daughter even harder. I think since he is married and has the college education (since I worked part-time to care for our daughter while he was in school) he should either take less money to work or let his way of life be less and try to keep up with my daughter's child support payments and maintenacnce to me. I* was told if I take the debt he would pay me so I could keep my car since I won't be able to get one now that I have all of the bad credit from the debt. I just need some ideas on what the heck I should do.
Also, he served me with the papers to go and get the child support lowered and is representing himself. Is there a way I can go in and postpone that deate for a later one since I had 4 days notice in order to get myself a lawyer. Please advise on what I would need to do to do that.
THank you for any help! | Did the agreement spell out that he was paying you the maintenance in exchange for you keeping the debt? If so, its a property settlement issue rather than a support issue, and no, he would not be able to get it reduced. However enforcement may be difficult.
He may or may not be able to get child support reduced.
__________________
in vino veritas |
11-18-2008, 12:26 PM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,751
| | | Are you working? What exactly does the order state about maintenance? Please post it here word for word (removing names).
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. |
11-18-2008, 12:41 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | I don't have it in front of me but it says he will pay $400 in maintenance until the duration of my car loan which is for a total of 4 years. When I get home to look at it I will respnd again.
Do you know what I should do to get the court date changed since I had such little notice considering I got it today and the court date is Friday? Can I file a request to have it postponed at least until next week so I can get an attorney? |
11-18-2008, 12:43 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 3
| | | And yes I am working but I am making very little and wasn't making much before since I was helping take care of our daughter while he was working and going to school. |
11-18-2008, 12:51 PM
| | Senior Member | | Join Date: Dec 2005
Posts: 21,751
| | Quote:
Originally Posted by Elkie I don't have it in front of me but it says he will pay $400 in maintenance until the duration of my car loan which is for a total of 4 years. When I get home to look at it I will respnd again.
Do you know what I should do to get the court date changed since I had such little notice considering I got it today and the court date is Friday? Can I file a request to have it postponed at least until next week so I can get an attorney? | You need to read the local rules regarding continuances but since you were not timely served, you should be granted a continuance if you request it properly. You may have to show up on Friday and request it at the court date however.
__________________
Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all. | |
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