Can I further appeal a denied appeal on unfair child support?

[rollinblackout]

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

In Vermont I was ordered to pay 543 a month in child support just before I lost my job. We had 3 court dates, during the third the courts were provided with paperwork saying I was terminated. That letter was not addressed in the orginal order and when I filed an appeal it was denied saying I became unemployed after the last court date but the denial only referenced the first 2 not the last date.. Can I file an appeal of the denied appeal, if so How?

 

[mistoffolees]

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

In Vermont I was ordered to pay 543 a month in child support just before I lost my job. We had 3 court dates, during the third the courts were provided with paperwork saying I was terminated. That letter was not addressed in the orginal order and when I filed an appeal it was denied saying I became unemployed after the last court date but the denial only referenced the first 2 not the last date.. Can I file an appeal of the denied appeal, if so How?

No, but you may be able to file for a modification based on loss of employment since the last order.

 

[cyjeff]

You can try, but the chances of it being brought forward are slight.

The court must see you as willfully unemployed. Therefore, they will input an income amount you have demonstrated was within your ability to earn.

This prevents people from quitting his/her job just before a child support hearing and saying they are without income... and then immediately getting another job after the hearing.

And yes, people have tried this tactic. You are riding the wave of those persons.

 

[BL]

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

In Vermont I was ordered to pay 543 a month in child support just before I lost my job. We had 3 court dates, during the third the courts were provided with paperwork saying I was terminated. That letter was not addressed in the orginal order and when I filed an appeal it was denied saying I became unemployed after the last court date but the denial only referenced the first 2 not the last date.. Can I file an appeal of the denied appeal, if so How?

Was the termination voluntary or involuntary ?

In other words ,were you fired,quit,laid off,or did your employer go out of business ?

 

[rollinblackout]

THe court was aware I was terminated through no fault of my own.. But they were provided with the paperwork saying I was unemployed.. The orders never referenced my unemployment. And the last denial did not even mention the court date where there were given notice I was unemployed. According to the order.. They are saying I was employed and nothing but an oversight on their part missed the filing of the paperwork.. I am currently employed (and paying according to the order)and I am more concerned about the 12 months arrears I gathered while I was unemployed.

 

[stealth2]

Why were you terminated?

 

[Victorxyz3]

Some states look at income potential as well & some judges will ignore your lack of current income..seeing it as only a temporary issue or not relevant at all. Judges have wide authority in this area...very wide.

Don't know if VT is like that .. chk google scholar.

 

[Artemis_ofthe_Hunt]

Some states look at income potential as well & some judges will ignore your lack of current income..seeing it as only a temporary issue or not relevant at all. Judges have wide authority in this area...very wide.

Don't know if VT is like that .. chk google scholar.

hijack thread :
If you're attempting to pad your post count, you're succeeding. If you are attempting to give advice, unless you have RELEVANT information and actually KNOW something about the state that the question is being asked.... still your fingers.

/hijack


OP not specifically legal advice; how is your not being employed negate your responsibility to support your child? You were likely imputed an income based upon your previous experience. Imagine what a mess it would be if employment was a condition of paying child support. There would be a whole new crop of parents not paying child support or owing child support. Your child deserves to have two parents supporting her. Think of child support as reimbursement to your ex for the money she has already spent. Your child doesn't quit eating, growing and needing a roof over her head just because you aren't currently employed.

 

[Eaglesfan804]

Your child doesn't quit eating, growing and needing a roof over her head just because you aren't currently employed.

Are you serious? If your unemployed and Have no income then you would not eat, lose the roof over your own head. If the child resides with you and you've become unemployed you both wouldn't eat and would lose your house right?

 

[Antigone*]

Are you serious? If your unemployed and Have no income then you would not eat, lose the roof over your own head. If the child resides with you and you've become unemployed you both wouldn't eat and would lose your house right?

Yes she is serious.

No you are not correct.

 

[ecmst12]

If someone who doesn't receive child support (for whatever reason) has a child and loses their job and can't get unemployment, then that person will apply for welfare, food stamps, and any job they can find so that they will not starve. They may have to move into less expensive housing as well. No one is just going to watch their child starve. They do what they have to do. Non custodial parents are expected to do the same. NOTHING is more important than the child's needs.