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  1. #1

    Non-Working parent and child support

    What is the name of your state? Michigan

    My husband hasn't been working for about 4 months due to lack of opportunities. He is ordered to pay $235 per week on a child from a previous realtionship. He now has a warrant. He called the courts and asked them if he could give $2000 because that is all we can come up with right now to release his warrant. They told him NO, that he had to pay the entire amount or he was going to go to jail. Does anyone know if there is anything he can do to get this dropped? We don't have $3500 (65%) right now. Even the amount to be paid weekly is too high.

    Thanks in advance

  2. #2
    Join Date
    May 2002
    He should have filed 4 months ago for a modification if his unemployment was involuntary. As for how to get the warrant dropped, I suspect the only thing he can do is to pay it all since they don't seem willing to negotiate. He could try talking to Mom to see if she'll agree to a payment plan.

  3. #3
    Ya know, this kinda stuff sends me right over the edge - "no opportunites." B.S. There are gas stations, Walmarts, fast food places, whatever. Just because he can't get a job in his field doesn't mean he can't be working doing something. Even if it's temporary until he finds something better suited. But just because he's not working doesn't mean the child stops eating!!!!!

    And I assume he's fine with the mother having to pick up financially for his slack?????

  4. #4
    Join Date
    Mar 2005
    At 5.15/hr for 40 hours his gross income would be 206 a week. So even before taxes are taken out he still wouldn't be able to even come close to paying 235 a week.

    taxes would bring that down to around 175, then you also need to factor in the ooportunity costs of being employed, transportation, and maintenance of the transpo, clothing/shoes, etc. could feasibly bring that income down to 150 per week.

    however I do think something is better than nothing, was he getting unemployment during that time that would have equally more than 150 per week? if not, he should have found a job, any job, and paid something weekly.

  5. #5
    EXACTLY!!! Something is better than nothing. I'm not saying he has to come up with $235 a week. I will readily admit that's super high for one child. And I never disagreed with Stealth. She was absolutely right in her statement. He should have gone back for a modification four months ago. My point is to at least make some sort of effort to pay something!!! Not sitting on the couch saying, "well, there just aren't any opportunities out there for me." Under the law, even a McDonalds, gas station or whatever, can't garnish his full paycheck each week. Most states won't allow more than 55% to be withheld. But the child still has needs, so be responsible and try to contribute at least something!!!!

  6. #6
    My husband was self employed, by lack of opportunities I mean he hasn't had customers and the business is now failing. So unfortunately, he was declined for unemployment because he was self employed. He has been applying for other jobs, but so far no luck. However, he has come up with small jobs in another line of work occasionally. Averaged 2 per month since worked has gone down hill. We try to pay at least $15 to $25 per week. But can't afford to give up more as we are basically living off my income primarily at the moment and we have 3 more children to feed. We should have filed petition for the court 4 months ago, but we didn't think that was possible because the lady at the FOC told us that you can only file for adjustments once per year, and my husbands ex wife just filed for increase 8 or 9 months ago. I guess what I am trying to find out is if there is a way we can almost force the FOC to accept our $2000 to lift the warrant (I think the warrant is the reason no-one will hire him right now). We have tried to negotiate with the FOC and also with his ex-wife. Neither will budge, in fact the ex just keeps telling him that if he can't give her the whole thing then she wants him to give up his rights to his daughter. I don't think that it is fair for him to have to give up his child just because he hits a hard spot in his life. Please don't think that he is a dead-beat because he is not. He loves all of his children and would do anything for all of them. He has just hit a hardpot right now. TIA

  7. #7
    Join Date
    Nov 2007
    Quote Originally Posted by stealth2 View Post
    He should have filed 4 months ago for a modification if his unemployment was involuntary. As for how to get the warrant dropped, I suspect the only thing he can do is to pay it all since they don't seem willing to negotiate. He could try talking to Mom to see if she'll agree to a payment plan.
    Agree with Stealth, he should have filed for a modification once his business started to slow down. What many fail to realize is that CS, in a sense, is reimbursement for expenses paid for the benefit of a child by the CP. Mom may or may not be willing to agree to a payment plan since he is so far behind.

    So Dad has several options. I just checked the wanted ads and saw that there are places that are hiring at least in my area. Bestbuy is one and so is Walmart. In fact, he could work PT or full time as he tries to find employment in his field and the $3500.00 is owing. (Since you guys have $2000.00 of the $3500.00).

    Believe it or not another good way to raise fast cash is a good old fashioned garage sale. Over the course of a weekend I've had friends who have made upwards to the amount you are lacking.

    Last edited by penelope10; 11-15-2008 at 01:49 PM.
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