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I need some help please

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mystic88

Junior Member
What is the name of your state (only U.S. law)? Tennessee/Florida. Here is my problem I just moved to Tennessee in March. My Children and my Ex live in Florida until most likely the around the first few months of next year. I pay child support to the Ex for the children every week like I am supposed to do. I know that I pay less than what the Florida state guidelines are. I pay 75.00 per week. It was the amount we both agreed upon about 6 years ago. He has now informed me that he is raising my child support and wants 4600.00 for my son's braces which he tell me that Florida Medicaid does not cover. I have no medical insurance at my job and I only make minimum wage. Which is only 7.25. I work full-time but it is not enough to pay my own bills once my child support is taken out. I have not seen my children since I moved. He refused to let me see them because he and my now fiancee do not get along. He also makes a lot more money than I do. What can I do?? I am at a loss here.
Signed Totally Beside herself.
 


ecmst12

Senior Member
You don't have to give him a penny more than your court order says you have to pay.

If he is refusing to allow your court-ordered visitation (which means you show up to pick up the children and he does not allow them to go with you), you can file for contempt.
 

mystic88

Junior Member
Can I file for contempt in the state I live in or do I have to file it with the Florida courts. He just informed me that I will be receiving papers from Child Support Enforcement wanting my Taxes for the last 3 years. Which I am taking to mean that they are going to go back 3 years and redo my child support for that time period, not based on what I make now. When I lived in Florida I was making 8.80 per hour and not the 7.25 I am now. Can they do this???
 

LdiJ

Senior Member
Can I file for contempt in the state I live in or do I have to file it with the Florida courts. He just informed me that I will be receiving papers from Child Support Enforcement wanting my Taxes for the last 3 years. Which I am taking to mean that they are going to go back 3 years and redo my child support for that time period, not based on what I make now. When I lived in Florida I was making 8.80 per hour and not the 7.25 I am now. Can they do this???
The CSE probably will not ask for three years worth of tax returns nor are they likely to raise your child support retroactively. They will ask for proof of current income.

Yes, you would have to file for contempt in FL and ask for an enforceable visitation schedule.
 

mystic88

Junior Member
Ok. I have no problem giving my proof of income for my current income. I also know that he will lie about his income. He also is in the middle of a lawsuit for an amount I am not sure of. He is also talking about moving to the state of North Carolina. Once he gets there must he contact the courts in Florida that he has moved? I know that he has always made more money than I have so my next question is How can I prove that he is lying about his income? And What can I do at that point? Just to give an example I bring home roughly 150.00 to 160.00 a week and this man bring home rough a about 1200.00 per week. I know this because that is how much he brags to me he is making. Do not get me wrong I know that I am to help take care of our children which as a parent I want to do but is it fair that I have to eat ramen noodles compared to him eating T-bone steaks. I can hardly pay my bills to house, cloth and feed myself.
 

Proserpina

Senior Member
Ok. I have no problem giving my proof of income for my current income. I also know that he will lie about his income. He also is in the middle of a lawsuit for an amount I am not sure of. He is also talking about moving to the state of North Carolina. Once he gets there must he contact the courts in Florida that he has moved? I know that he has always made more money than I have so my next question is How can I prove that he is lying about his income? And What can I do at that point? Just to give an example I bring home roughly 150.00 to 160.00 a week and this man bring home rough a about 1200.00 per week. I know this because that is how much he brags to me he is making. Do not get me wrong I know that I am to help take care of our children which as a parent I want to do but is it fair that I have to eat ramen noodles compared to him eating T-bone steaks. I can hardly pay my bills to house, cloth and feed myself.

$150/week does not work out to full time minimum wage.

Nobody said the situation would be fair.

And really - do you honestly think you can trust your ex's word about how much he earns?
 

mystic88

Junior Member
The example was after my child support and taxes are taken out.
I lived with him for 4 years and he is still doing the same job he did when we lived together. He works for a cable company being their sales manager. He makes money off the employees under him. I have seen his paychecks within the last year and he likes to live above his means. He has to always have the newest things and such. Please do not misunderstand me I am trying to protect myself against him because truthfully this is not about taking care of our children it really is about him getting revenge on me. I wished you could meet him and then you would understand what I mean.
 

stealth2

Under the Radar Member
Why did you move?

In all likelihood, you will find your income imputed at what you were making in FL because your move to a different state/lower paying job will be considered voluntary.
 

mystic88

Junior Member
I moved because I had lost my job in Florida and could not find another one. I can understand that if I quit my job and then left, but that was not the case here. I lost my job in Florida last October and did not find another one until i moved to Tennessee.
 
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LdiJ

Senior Member
I moved because I had lost my job in Florida and could not find another one. I can understand that if I quit my job and then left, but that was not the case here. I lost my job in Florida last October and did not find another one until i moved to Tennessee.
Then that likely would not be considered to be voluntary.
 

mistoffolees

Senior Member
I moved because I had lost my job in Florida and could not find another one. I can understand that if I quit my job and then left, but that was not the case here. I lost my job in Florida last October and did not find another one until i moved to Tennessee.
Several factors would need to be considered:

1. Did you lose your job involuntarily or were you at fault in some way? For example, if you lost your job because you were regularly late or punched the customers, that could count as voluntary unemployment.

2. What do you mean by "could not find another job" in FL? How hard did you look? Even in today's climate, there are minimum wage jobs available in many places. If you didn't make a serious effort to find work in FL, your move might be considered voluntary.


Then that likely would not be considered to be voluntary.
Maybe, maybe not. See above.
 

LdiJ

Senior Member
Several factors would need to be considered:

1. Did you lose your job involuntarily or were you at fault in some way? For example, if you lost your job because you were regularly late or punched the customers, that could count as voluntary unemployment.

2. What do you mean by "could not find another job" in FL? How hard did you look? Even in today's climate, there are minimum wage jobs available in many places. If you didn't make a serious effort to find work in FL, your move might be considered voluntary.




Maybe, maybe not. See above.
I dunno Misto...around here minimum wage jobs are almost harder to come by than any others.
 

mistoffolees

Senior Member
I dunno Misto...around here minimum wage jobs are almost harder to come by than any others.
It doesn't matter. Unless OP can show that s/he lost the job involuntarily and made a diligent effort to find a job locally, the move and wage reduction might be considered voluntary.
 

kimberlywrites

Senior Member
What is the name of your state (only U.S. law)? Tennessee/Florida. Here is my problem I just moved to Tennessee in March. My Children and my Ex live in Florida until most likely the around the first few months of next year. I pay child support to the Ex for the children every week like I am supposed to do. I know that I pay less than what the Florida state guidelines are. I pay 75.00 per week. It was the amount we both agreed upon about 6 years ago. He has now informed me that he is raising my child support and wants 4600.00 for my son's braces which he tell me that Florida Medicaid does not cover. I have no medical insurance at my job and I only make minimum wage. Which is only 7.25. I work full-time but it is not enough to pay my own bills once my child support is taken out. I have not seen my children since I moved. He refused to let me see them because he and my now fiancee do not get along. He also makes a lot more money than I do. What can I do?? I am at a loss here.
Signed Totally Beside herself.
I'm sorry, but I don't believe the story about not being able to find a job. This is more likely related to her "now fiancee."
 

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