Desperately Need Advice

[Kitty-]

What is the name of your state? Illinois


I have 2 children with a man that also has a son from a previous marriage. I totally understand that he needs to support his first child .. BUT .. a year ago he lost his job .. the amount he was paying a week just was not possible to be paid with the unemployment he received .. So he went to court and they left it up to his ex on whether or not to lower the support .. of course she said no .. So anyways here we are a year later .. he's finally found another job but it still isn't paying as much as his last job does .. he is soo stubborn and will not call a lawyer .. he seems to think he is in a hopeless situation .. they are taking about a third of his check for this 1 child .. while he has 2 more to take care of also .. we are completely scraping by so he can support his 1 child from his last marriage so my 2 are having to go without ... he has filed the papers to see if they can lower it now .. based on his new income .. but that has been 3 mnths ago.. still have heard nothing about it .. and he is still an in debt to her by an unbelievable amount from this past year ...

Is there ANY hope???

 

[critterperson]

What is the name of your state? Illinois


I have 2 children with a man that also has a son from a previous marriage. I totally understand that he needs to support his first child .. BUT .. a year ago he lost his job .. the amount he was paying a week just was not possible to be paid with the unemployment he received .. So he went to court and they left it up to his ex on whether or not to lower the support .. of course she said no .. So anyways here we are a year later .. he's finally found another job but it still isn't paying as much as his last job does .. he is soo stubborn and will not call a lawyer .. he seems to think he is in a hopeless situation .. they are taking about a third of his check for this 1 child .. while he has 2 more to take care of also .. we are completely scraping by so he can support his 1 child from his last marriage so my 2 are having to go without ... he has filed the papers to see if they can lower it now .. based on his new income .. but that has been 3 mnths ago.. still have heard nothing about it .. and he is still an in debt to her by an unbelievable amount from this past year ...
Is there ANY hope???

They allowed the ex to decide if cs could be reduced?? Did he quit the first job.....was he fired for cause (late to work, not showing up, etc)?? Does the court feel that your husband is under employed (has skills or a degree he is not using in current job)? If he is behind on child support that will not go away regardless of what happens with cs now. If you could answer these questions maybe I could help shed some light on wheather or not there is hope...........

 

[critterperson]

One more question

Are the other 2 children you refer to your children or yours and his??

 

[Kitty-]

He lost his job because of missing 1 day because of unavoidable circumstances ... they awarded him unemployment .. which cannot be awarded if you get fired for a good reason ... but the courts saw it differently ..

They haven't even taken a second look at his wages from his current job .. They just said they wouldn't lower it that day .. to file a paper .. which he filed .. 3 months ago .. which I know it takes time for this sort of thing .. but for every week that they take to do this .. that's another week we are just scraping by ...

 

[Kitty-]

Yes the two children I am talking about are his and mine

 

[critterperson]

He lost his job because of missing 1 day because of unavoidable circumstances ... they awarded him unemployment .. which cannot be awarded if you get fired for a good reason ... but the courts saw it differently ..

They haven't even taken a second look at his wages from his current job .. They just said they wouldn't lower it that day .. to file a paper .. which he filed .. 3 months ago .. which I know it takes time for this sort of thing .. but for every week that they take to do this .. that's another week we are just scraping by ...

Kitty,

In Illinois I've heard that it is pretty difficult to get cs reduced...... And you are right the courts will most likely see that he lost his previous job knowing that if he missed a day of work he would be terminated. This probably won't help his case. does your husband have any marketable skills that a judge might look at to impune an income to.(a degree or trade skills) If he does have marketable skills they may see him as being under employed, if this happens he may not be able to get his child support reduced. Do you have an attorney? A good attorney may cost you some in the beginning by may help you financially in the long run.............

 

[Kitty-]

Thank you for responding! He didn't miss one day KNOWING he would get fired though .. There had been other employees who had missed that and was fine .. and as I said .. the circumstances were unavoidable .. But .. That is most likely the way the courts saw it ..

He doesn't have any degrees or anything of that sort .. but he is a mechanic .. That's what he did for his last job .. and that is what he is doing with his new job .. he just has to rebuild his pay ..

I have been begging him to get an attorney .. but he is SOOO stubborn and says that since we are scraping so bad as it is .. we can't afford it .. but we ALSO can't afford to pay her this amount every week .. so I think in the long run an attorney would be our best bet .. but he doesn't seem to see it that way ...

This is just so frustrating for me .. because there is nothing that *I* can do personally since it is a matter between him and his ex-wife ... but My children have to suffer for it ....

 

[critterperson]

Thank you for responding! He didn't miss one day KNOWING he would get fired though .. There had been other employees who had missed that and was fine .. and as I said .. the circumstances were unavoidable .. But .. That is most likely the way the courts saw it ..

He doesn't have any degrees or anything of that sort .. but he is a mechanic .. That's what he did for his last job .. and that is what he is doing with his new job .. he just has to rebuild his pay ..

I have been begging him to get an attorney .. but he is SOOO stubborn and says that since we are scraping so bad as it is .. we can't afford it .. but we ALSO can't afford to pay her this amount every week .. so I think in the long run an attorney would be our best bet .. but he doesn't seem to see it that way ...

This is just so frustrating for me .. because there is nothing that *I* can do personally since it is a matter between him and his ex-wife ... but My children have to suffer for it ....

If he is a mechanic they will base his imputed income on what a mechanic with his experience and skills would make..........Did he file a wrongful termination suit against the previous employer? He may have a case if other employees were allowed to miss work with no adverse effects....... Also he is intitled to have a specific idea of what is acceptable and what is not from his employer............again if other employees were getting away with it he may be able to go back and fight for his old job.

 

[stealth2]

critter - the word is "imputed" with a "t", no "n".

Kitty - do you work?

 

[critterperson]

critter - the word is "imputed" with a "t", no "n".

Kitty - do you work?

Thanks stealth2- sometimes I get a little brain dead and forget how to spell I fixed it

 

[Kitty-]

Yes. Though it is only part time .. I was working full time for the year that he was off of work .. but it came down to him getting a job for child support .. or going to jail .. so I had to cut back my hours so he could work. At the moment if we was to both be working full time the daycare would cost so much it would just defeat the purpose .. if not put us farther in debt.

 

[stealth2]

What about working opposing shifts?

 

[Kitty-]

initially that was what we was hoping to do (work opposite shifts) .. but I had a daytime job .. I will not work a full time evening/night job since my oldest son is in school and I would never see him through the week if he is getting home from school around 3 I'm going to work at 3-4pm and coming home when he is asleep.

And there's not really any job offers for nighttime mechanics for him

So .. he works Mon-Fri and I work on the weekends ...

 

[Kitty-]

Thank You ..

Thank you again to everyone who responded .. I have talked to him when he was on his lunchbreak and I *think* I have FINALLY gotten through to him that he needs to see a lawyer ..

Thanks for letting me vent about all of this here

 

[Grace_Adler]

Have either one of you asked if IL considers taking other biological children into account when figuring child support? If not, you should definitely ask.