short term disability and child support

[concerned0782]

Open heart surgery 32yo male on std help!!!!!!!!!!

What is the name of your state (only U.S. law)? Alabama

my husband is having open heart surgery this thursday feb11th. he will be out of work for at least 3 months for sure and has already been off work for one month so far and is receiving his std checks weekly.

My question is...he has a child support order in effect to pay 353.00 each payperiod which is about 706.00 a month and has been and we actually have it garnished from his check each payperiod so we don't have to receive any ugly phone calls from her(ex) or any nasty text messages.

Now having said that my husband is extremely afraid of going back to court because her attorney is actually best friends with the judge so even back when she had filed for a modification for more child support she was awarded much more than what she should have received because she flat out lied about her income. So we totally got screwed. Since then she is no longer working at walmart making 10.25 an hour but has actually opened up her own business as a photographer.

So like i was saying my husband is scared of going to file for a modification bc she could lie about her income now since there really is no way to prove how much she is really actually making especially if she is paid in cash. So what is your best advice for my husband and I.

Also this woman is totally about the money and not the child she could care less about him actually even this child who is 8 years old states he wants to come live with me my husband and our 2 yr old little baby girl.

So anyway I just want things to be fair and just that is all. We have no problems paying CS but we know we are totally getting screwed right now paying her 707.00 a month.

i mean the type of woman you are dealing with is one who had asked my husband to drop the child from his insurance policy so she could put him on medicare because she was sick and tired of having to pay 20.00 copays at the drs office as well as copays for the child rx. so maybe you can get a better idea of what she is like she learned all of this from her mother who had 5 kids all with different fathers and is always milking the system any and every which way they can. its totally pathetic!

please we need some words of encouragement and advice. thank you kindly

 

[WittyUserName]

Bashing Mom is unlikely to get you any favors on this forum. This is a legal site. Legally, it doesn't matter what you or Dad think of Mom's behavior. You are not a party to the case, and Dad needs to know that CS isn't set based on whose character is more sterling. Dad will owe Mom the court-ordered money until such time as a judge says otherwise.

 

[TheGeekess]

Alabama is a shared income state. That means that both Mom and Dad's income are factored into the CS figures.

If Dad is so concerned, he can read the following to figure out how CS is computed in the state of Alabama.

Here is Alabama Code on Custody and Support:
http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/128972.htm

Alabama Child Support Calculator - AllLaw.com

http://www.alacourt.gov/pdfppt/rule32.pdf

http://www.dhr.state.al.us/large_docs/ala cs guide_.pdf

Link to Alabama Administrative Court site on Child Support:
Administrative Office of Courts

DHR website on Child Support:
Child Support Enforcement

Schedule of Basic Child Support:
Administrative Office of Courts

Worksheet used in Alabama to compute Child Support:
disLogonGrid

Children do not get to choose where they live in the state of Alabama. Age of majority in Alabama is 19. Legally, you are not involved in Dad's CS/Custody issues. The only WE in this matter are Dad and Mom (the ex).

 

[Gracie3787]

What is the name of your state (only U.S. law)? Alabama

my husband is having open heart surgery this thursday feb11th. he will be out of work for at least 3 months for sure and has already been off work for one month so far and is receiving his std checks weekly.

My question is...he has a child support order in effect to pay 353.00 each payperiod which is about 706.00 a month and has been and we actually have it garnished from his check each payperiod so we don't have to receive any ugly phone calls from her(ex) or any nasty text messages.

Now having said that my husband is extremely afraid of going back to court because her attorney is actually best friends with the judge so even back when she had filed for a modification for more child support she was awarded much more than what she should have received because she flat out lied about her income. So we totally got screwed. Since then she is no longer working at walmart making 10.25 an hour but has actually opened up her own business as a photographer.

So like i was saying my husband is scared of going to file for a modification bc she could lie about her income now since there really is no way to prove how much she is really actually making especially if she is paid in cash. So what is your best advice for my husband and I.

Also this woman is totally about the money and not the child she could care less about him actually even this child who is 8 years old states he wants to come live with me my husband and our 2 yr old little baby girl.

So anyway I just want things to be fair and just that is all. We have no problems paying CS but we know we are totally getting screwed right now paying her 707.00 a month.

i mean the type of woman you are dealing with is one who had asked my husband to drop the child from his insurance policy so she could put him on medicare because she was sick and tired of having to pay 20.00 copays at the drs office as well as copays for the child rx. so maybe you can get a better idea of what she is like she learned all of this from her mother who had 5 kids all with different fathers and is always milking the system any and every which way they can. its totally pathetic!

please we need some words of encouragement and advice. thank you kindly

How much less is his STD pay than his regular pay?

When was the last modification done?

He may qualify for a temp reduction, but under the circumstances he really shouldn't file without an attorney. Which most likely means that filing would end up costing more than it would be saving.

As long as he is able to pay the court ordered amount he really should concentrate on his health for now. After his surgery he can get a consult with a local attorney to see what his options are.