Issues need to be resolve

[lifeishard]

What is the name of your state? NY

Veryyyyy confuse new wife. Some issues that need to be resolved. Husband needs help.

Trying to Help my husband with some issues, because he doesn't understand that he needs a lawyer. This is the story, my husband was married 5 years ago. He has two children with his ex-wife, 9 and 4 years old. He also has a ex-girlfriend with a 2 years old. The problem begins with the first ex-wife. When they got divorce, lots of issues between them, going to court back and forth. Well, my husband ended up with supervise visition rights, because the ex-wife didn't want his family to see the children. He started his supervise visits with the children, and everytime he had his children the ex-wife did showup and started fighting with him in front of the children. He decide to stop seeing the children and decided to pay the child support without seeing the children. For years he paid and he kept receiving letters that he owes over 20,000.00 in child support. He even got arrested and his license was put on restriction. He felt the system failed him, because they never recorded the payments. He went to court on several dates, finally 2 months ago, I helped him get all the proof of payment that was submitted to his ex-wife over the years. He went to court and presented the payment proof, the judge stated to my husband there will be an investigation and it will take approximately 4-6 months to correct the system and that she doesn't want to see them in court again. My husband started to go to court to change the supervise visition papers, but the court couldn't find the papers in the system. He stated to me that his ex-wife was dating a person inside the court system, and maybe they removed the papers from the system. He was given a telephone number to call. He hasn't heard anything from the courts as of yet. A week ago my husband receives a telephone call from one of his friend, stating that his ex-wife is looking for him and needs to talk to him. The ex-wife leaves a number so he can reach her. My husband called her after 2 years not talking to her. She stated to him that she needs his help, because somebody put a complaint into ACS and she needs him to call ACS and tell them that she is a good mother. His response to her was she needs to take care of her own problems. The ex-wife hung the telehone on him, he felt that she kept his children away for 2 years. He feels something is happening and don't know how to deal with sitiuation. Yesterday he receive a court date in the mail. Stating that his ex-wife needs more money from him, my husband is very upset, because he is out of work right now, and he has to go to court again, because he didn't help her with ACS. He feels that she playing a game again, what should he do in this case. Also what is the percentage per child and do he has to pay for their private schools when he cannot afford it? By the way he also pays child support to the third child, but not through court. Please send him some advise.

 

[Litigation!]

What is the name of your state? NY

testing the site

My response:

Does it work?


IAAL

 

[stealth2]

sssssshhhhhhhhhhh**************. that's top secret.

 

[saintkbsmom67]

3 kids, supporting all of them. Yes the first mother can take him to court for an increase. What is the reason for him being unemployed? Fired, laid off or quitting? The answer to that question can make a difference.
Oh and if he were to set the 2nd mother off, she could take him to court and more money can be owed.

 

[lifeishard]

answer to work

He works for the painters union, and right now it's slow, so again he has to call unemployment. So she can get the child support, the only problem is that they take all the money and they don't give him any. Because the court issue is not resolve as of yet.

 

[Neal1421]

He works for the painters union, and right now it's slow, so again he has to call unemployment. So she can get the child support, the only problem is that they take all the money and they don't give him any. Because the court issue is not resolve as of yet.

He could get another job...

 

[saintkbsmom67]

He could get another job...

This is very true. Being in this union I am assuming each year around this time it slows down. Why doesn't he have a second job lined up?

 

[lifeishard]

Response

Because they stated to him, if he works for another company. He will loose his medical benefits for his kids. I spoke to him and told him he needs to leave this kind of work. So he is looking right now, he's only been out of work for 1 week.

 

[saintkbsmom67]

Because they stated to him, if he works for another company. He will loose his medical benefits for his kids. I spoke to him and told him he needs to leave this kind of work. So he is looking right now, he's only been out of work for 1 week.

Wait, if he works for another company he'll lose his benefits? Would he still lose his benefits if he were working 2 jobs? Since it's so new I am assuming he has money put away to still pay support directly to the agency so he won't fall farther behind. Him sending in payments would look good in the courts eyes while the investigation is pending.

 

[lifeishard]

Yes, he will loose his benefits. No he, didn't save money to pay child support. That's why he called in unemployment so he would not fall in the rear. It's so unfair, that he has to go back and forth with this job, and the court system.

 

[lifeishard]

unemployment does cover when he is not working. But they take his whole paycheck and he does not have any money. Until they could fix the problem.

 

[Neal1421]

Yes, he will loose his benefits. No he, didn't save money to pay child support. That's why he called in unemployment so he would not fall in the rear. It's so unfair, that he has to go back and forth with this job, and the court system.

Maybe he should find another line of work if he has financial obligations that are at certain times of the year, not being met.

 

[nicetryadmin]

Maybe he should find another line of work if he has financial obligations that are at certain times of the year, not being met.

What some seem to be missing is that this is a situation OUT of his control and therefore, when support was calculated, the "slow period" should be part of the calculation. It sounds like this wasn't addressed at the support hearing.

 

[saintkbsmom67]

What some seem to be missing is that this is a situation OUT of his control and therefore, when support was calculated, the "slow period" should be part of the calculation. It sounds like this wasn't addressed at the support hearing.

No actually OPs husband should get another job if this be the case. Children don't eat less during certain times of the year. He should consider getting a better job. Also in NY they look at previous tax returns to see how much he could be making. He's only been out of work for a week. Therefore if he knew there'd be times he'd get less money he should have that money set aside for those slow periods.

 

[nicetryadmin]

No actually OPs husband should get another job if this be the case. Children don't eat less during certain times of the year. He should consider getting a better job. Also in NY they look at previous tax returns to see how much he could be making. He's only been out of work for a week. Therefore if he knew there'd be times he'd get less money he should have that money set aside for those slow periods.

::sigh::
You're missing the point. If it's always slow this time of year, then the amount he makes annually should reflect that. If they compare previous tax years, then it should be averaged. Again, if this is nothing new, then there shouldn't be significant differentials from year-to-year in his salary that was factored in.

I am not disputing the "saving when it's slow." I also don't necessarily agree with getting a second job simply because then they might factor that into the support obligation. Getting a second job is like a "catch 22" -- you're getting it to pay support/support an additional family, but then it could be factored in.

Same goes with getting a better paying gig. Easier said than done, and again, that higher income will be subject to future modifications.