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Child Support Reduction Question

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JR1

Junior Member
What is the name of your state? TN

I need a little guidance. I am divorced and mother is primary care taker. I have my girls every other weekend (11 and 18) even though I don’t see 18 yo that much due to her schedule.

I lost my job in mid September. I have been pounded the pavement daily without success. I did apply for a CS Reduction in early November since I could not pay ex any more CS. I also applied and receiving $280 weekly of unemployment. I have not paid ex CS since October 15.

She was served the papers on 11/11/06 for the CS Reduction. She went to her lawyer and did not file anything but I did receive a letter (below) from her attorney that had attached her check stub (since TN is an Income Share State). Our divorce was prior to that law and now her salary will be taken into consideration. The letter basically states the following:

EX understands that your client has in fact become unemployed but is now drawing unemployment compensation.

We would propose without the necessity of this turning into major litigation the following:

1. That your client would be granted a temporary reduction based upon a new calculation of child support reflecting his current earnings as well as the former wife’s. We are including a current pay stub for my client. You will note on that pay stub that my client pays for vision, dental, and medical insurance. There are four (4) individuals covered on the policy and I would suggest that the amount shown on this stub be used simply dividing it by four. This is being done in light of the fact that your client does not provide health insurance at this time owning to his unemployment.

2. In addition we would provide that the reduction is temporary and that it will be reviewed upon him gaining employment.


3. Your client owes an arrearage from October 15th through the re-institution of child support payments. He has not paid any payments whatsoever since October 15th. He seems to be under the impression that he is totally excused from those obligations.

4. I would like some automatic mechanism whereby the parties would not be required to file new petitions in order to adjust this child support upon your client gaining employment. I would suggest that it be done by motion.

At this time I am not filing a responsive pleading nor any counter-petition. I am attempting to save my client money by simply sending you a letter to see if we can work out an agreement. If so she is willing to pay me on an hourly basis. In the event it is necessary to file a petition or counter-petition or answer then I will request that attorney fees be taxed to your client in light of the fact that any modification is not the result of the actions or inactions of my client.

Let me know your position as soon as possible.

Since then,
I have tried to contact my lawyer on many occasions as to what I need to do. She will not return my phone calls. I paid her $500 and I am getting nothing. I feel this is going to hurt me. What should I do? 3 weeks has passed by with nothing from my lawyer. Is she just doing this so that it will go into litigation. I am trying to get answers so I will know where I stand with this. Any advice?
 


CJane

Senior Member
Since then,
I have tried to contact my lawyer on many occasions as to what I need to do. She will not return my phone calls. I paid her $500 and I am getting nothing. I feel this is going to hurt me. What should I do? 3 weeks has passed by with nothing from my lawyer. Is she just doing this so that it will go into litigation. I am trying to get answers so I will know where I stand with this. Any advice?
Well, I think what the ex is offering is totally fair - for what it's worth.

As far as your attorney - go to her office. Sit in the lobby/waiting area. Remain there until she sees you.
 
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MrsK

Senior Member
Well, I think what the ex is offering is totally fair - for what it's worth.

As far as your attorney - go to her office. Sit in the lobby/waiting area. Remain there until she sees you.
I totally agree with CJane. The offer is pretty damn fair and go bug your atty until she will see you. If she still gives you trouble, get a new atty.
 

CJane

Senior Member
I totally agree with CJane. The offer is pretty damn fair and go bug your atty until she will see you. If she still gives you trouble, get a new atty.
Well, the other option (and the one I would choose) is to fire the attorney, request she refund the portion of the retainer not yet applied to work completed, and then call up the ex's attorney and take the offer.
 

JR1

Junior Member
Definately something to consider.

Do ya'll think attorneys do this kind of stuff just so it will go into litigation and they can make more money? I am just having a hard time understanding why she can not pick the phone up and call me and tell me what I need to do? I just think she wants to put more money in her pocket.

Thanks.
 

Silverplum

Senior Member
Definately something to consider.

Do ya'll think attorneys do this kind of stuff just so it will go into litigation and they can make more money? I am just having a hard time understanding why she can not pick the phone up and call me and tell me what I need to do? I just think she wants to put more money in her pocket.

Thanks.
No one knows what your attorney is doing or thinking.
 

Mike703

Member
3. Your client owes an arrearage from October 15th through the re-institution of child support payments. He has not paid any payments whatsoever since October 15th. He seems to be under the impression that he is totally excused from those obligations.
The last part of that statement was really uncalled for since you obviously have shown on your part that you do realize that you can't get out of CS by being unemployed and have taken proactive measures. I do disagree with CJ somewhat, while the deal may seem fair, I would still seek legal counsel of your own. If your current attorney is not keeping you in the loop on your own case then you really need to kick them to the curb and find somebody who is going to give you the advisement you need.

I garauntee your ex and her attorney are only doing what is in her best interest. So you really need to do the same. I defintely would not on any terms make a deal with them without having had legal advisement. They are trying being somewhat threatening in the letter saying that they are going to seek legal damages from you. Ignore that and do what you gotta do! Technically you could ask the same thing of them, dosen't mean it's going to happen.

The main thing is to stay PROACTIVE and stay on top of everything that is within your power. Pay what ever you can in CS and KEEP RECIEPT OF IT, this will do nothing but help you later on when you are employed and CS is recalculated.

My next question is how it was first calculated to begin with? Was her income taken into consideration? If not, then it needs to be (that could be a reason they are avoid litigation....it can be done in a day).
 

JR1

Junior Member
I have not paid her anything since Oct. 15. I owe her over $2,000 that includes CS and medical stuff. My attorney has not told me anything that I need to be doing so that is why I have not paid anything since then. I have started getting unemployments checks. Basically, I went in paid attorney $500 and she filed the CS Reduction. I have heard nothing else since early November (other than getting a copy of this letter from her attorney). Can I get my money back or most of it? I have left many messages for her.

Can it hurt my case since I have not paid CS since 10/15?

EX salary has never been taken into consideration until now. The CS Income Shares law passed after we were already divorced and this is the first time anything has come up. Her attorney did provide a copy of her check stub to me. So that will happen in the new calculation.

Thanks.
 

Silverplum

Senior Member
I have not paid her anything since Oct. 15. I owe her over $2,000 that includes CS and medical stuff. My attorney has not told me anything that I need to be doing so that is why I have not paid anything since then. I have started getting unemployments checks. Basically, I went in paid attorney $500 and she filed the CS Reduction. I have heard nothing else since early November (other than getting a copy of this letter from her attorney). Can I get my money back or most of it? I have left many messages for her.

Can it hurt my case since I have not paid CS since 10/15?

EX salary has never been taken into consideration until now. The CS Income Shares law passed after we were already divorced and this is the first time anything has come up. Her attorney did provide a copy of her check stub to me. So that will happen in the new calculation.
Uh, YEAH. You had $500 to pay an attorney, but not one red cent to help feed your kids? I can just about guaran-damn-tee that a judge will happen to notice that.
 

CJane

Senior Member
I garauntee your ex and her attorney are only doing what is in her best interest. So you really need to do the same.
No. OP needs to do what is in his CHILD/REN'S best interest. And that means paying CS. His ex offered up her check stubs/proof of income so that CS can be appropriately calculated per new guidelines. They are also offering to accept his unemployment monies as current income rather than imputing an income at what he was making before, which probably WILL happen if this goes to court.
 

Mike703

Member
I have not paid her anything since Oct. 15. I owe her over $2,000 that includes CS and medical stuff. My attorney has not told me anything that I need to be doing so that is why I have not paid anything since then. I have started getting unemployments checks. Basically, I went in paid attorney $500 and she filed the CS Reduction. I have heard nothing else since early November (other than getting a copy of this letter from her attorney). Can I get my money back or most of it? I have left many messages for her.

Can it hurt my case since I have not paid CS since 10/15?

EX salary has never been taken into consideration until now. The CS Income Shares law passed after we were already divorced and this is the first time anything has come up. Her attorney did provide a copy of her check stub to me. So that will happen in the new calculation.

Thanks.

Well FYI that "over $2,000" is gonna be included in the arreage. So it's best to try and keep that from getting any bigger and pay whatever you possibly can so it does not get out of hand. KEEP COPIES OF EVERYTHING!! Even send it certified mail and make her sign for it.

If you already signed a retainer agreement, then it may be difficult. I would read over the retainer just to see exactly what that $500 covers as far as her services. If she has obviously not completed that service then you should get some form of a refund.

Lastly, you should have been gone to court and gotten your agreement recalculated. Just because the orignal was done before hand does not mean you can never get an amendment to it. It could very well work in your favor since it is now based on salaries, time spent, primary payer of medical expenses. Also, if she is not working to her abilities (i.e. a master's degree working part-time at mickey d's) an income can be inputer for her based on her potential income. You can ask for more than a pay stub if you wanted to. But defintely seek a capable lawyer to help you out.
 
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Mike703

Member
No. OP needs to do what is in his CHILD/REN'S best interest. And that means paying CS. His ex offered up her check stubs/proof of income so that CS can be appropriately calculated per new guidelines. They are also offering to accept his unemployment monies as current income rather than imputing an income at what he was making before, which probably WILL happen if this goes to court.
True, but we are talking about once he gets a job. His CS should be reduced temporarily (at least not have to deal with any consequenses other than building an arreage) since he is unemployed.
 

Silverplum

Senior Member
Well FYI that "over $2,000" is gonna be included in the arreage. So it's best to try and keep that from getting any bigger and pay whatever you possibly can so it does not get out of hand. KEEP COPIES OF EVERYTHING!! Even send it certified mail and make her sign for it.
It's true that OP should try to protect himself, legally. BUT if he sends certified mail and she signs for it, the only thing it proves is that she received an envelope...
 

CJane

Senior Member
True, but we are talking about once he gets a job. His CS should be reduced temporarily (at least not have to deal with any consequenses other than building an arreage) since he is unemployed.
Ummm... correct me if I'm wrong, but the letter from the Ex's attorney addresses his unemployment, offers to recalculate CS to include the Ex's salary, and use the UI monies as the OP's salary rather than imputing an income for him. Presumably, this would result in a reduction while OP is unemployed.

The letter also provides for a revisitation of the CS issues once OP is again gainfully employed. At that point, one would assume that CS will be raised.

All of that is presuming that the unemployment is both involuntary and temporary. Unemployment checks don't keep coming forever.
 

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