QuiGonJinn
Member
What is the name of your state (only U.S. law)? NJ
Edit:
CS case is in NJ and I am in NC.
Cliff Notes:
I can't work and am looking support order than can't be paid, and even it could would come at the expense of 3 other children that are in more need.
I know it is obvious how getting out of contributing to raising a child is viewed, so I give the situation on the position I am in and any legal advise, or general advise on how do deal with the situation is welcome.
Parent to 4 children, 2 with me (NC), 2 not (WI and NJ) with the other parents. I get child support for 2 with me. I have no work history (Crohn's since 15) and I am on medicaid for about a year, but no other gov assistance. The WI child there is a old no/$0 support order, that child gets some state aid (other parent earns low income) and the state went through child support action and I forwarded my medical records and work history and they decided to not seek support. The child in NJ is in a better situation with a primary parent that earns $100k+, there was a consent order for no support previously.
I've had issues with NJ parent denying parenting time. Went to court and got parenting increase and retaliated with CS. We had the hearing last week, which lasted all of 5 minutes. It had been a 8 month process with hundreds of pages of filings, I was pro se. I've been hospitalized of late so I attended the hearing by phone. Other party spoke of demands for several minutes, Judge asked me two questions about custody based on what other party stated, I answered them, and Judge made a ruling on everything. He had sided with me on the parenting time increase and schedule I asked for. On child support he said "we always impute income at 40 hours minimum wage, even if you can't work, we will fill out the guideline and that will be the order".
I don't have the order yet but there is a significant award. I've had medical problems since I was young I was able to work part time in my early 20s mostly because I had to, probably 30+ jobs. When I would get a flare up I would be out for weeks or months then start over, etc. I never earned over $8000 a year, my last job was about 8 years ago. I've been hospitalized 5 times over the last two months and had a surgery I am recovering from. I am in the medicaid homebound program and have at home nursing, I am on a feeding tube also. My two children with me have autism and have at home services for it and she is not school age yet. I was denied SSDI because to little work history, I have had a SSI application pending. Submitted documentation of everything above with letters from the doctor and surgeon. There was no discussion on medical, childcare, deductions for other dependents that are allowed in NJ so I have no idea what could be in the guideline that was set. It appears that living below the federal poverty level excluded a support award in NJ, but not if the Judge always inputs income.
I do want to work, and I am extremely hopeful I can one day although it is likely my employment will never be stable and limited to part time.
I guess these are some of my questions:
If I get a SSI ruling in my favor do I file for a support change based on a change of circumstance? I am kind of throw off how I can have any other basis to have income not inputed. I spent almost half the time before the hearing hospitalized. If I get inputted income under this case I can't imagine anything happening that would make it worse.
How do I handle a situation where a garnishment award for arrears/support makes it so I can't work. I realize the kids need everything they can get, but right now childcare is more expensive than what I could make, if could even work, if the situation improves I would have to deal with a 40% garnishment so I couldn't afford to work then either?
If I am able to work in the future I think I should probably reach out to the WI child's parent to get in a support order in place for them. There would be a 25% garnishment to each instead of a single 40%, but the child that needs the most help would get something that way.
Should I prioritize my efforts appealing SSI or support order? If either comes to that.
Is there a public tool to search appeals others have filled where the order was not compliant with the ruling in Harte v Hand , NJ Superior Court Atlantic County 2014 that dealt with other dependent deductions from multiple parties with the poverty income test.
Edit:
CS case is in NJ and I am in NC.
Cliff Notes:
I can't work and am looking support order than can't be paid, and even it could would come at the expense of 3 other children that are in more need.
I know it is obvious how getting out of contributing to raising a child is viewed, so I give the situation on the position I am in and any legal advise, or general advise on how do deal with the situation is welcome.
Parent to 4 children, 2 with me (NC), 2 not (WI and NJ) with the other parents. I get child support for 2 with me. I have no work history (Crohn's since 15) and I am on medicaid for about a year, but no other gov assistance. The WI child there is a old no/$0 support order, that child gets some state aid (other parent earns low income) and the state went through child support action and I forwarded my medical records and work history and they decided to not seek support. The child in NJ is in a better situation with a primary parent that earns $100k+, there was a consent order for no support previously.
I've had issues with NJ parent denying parenting time. Went to court and got parenting increase and retaliated with CS. We had the hearing last week, which lasted all of 5 minutes. It had been a 8 month process with hundreds of pages of filings, I was pro se. I've been hospitalized of late so I attended the hearing by phone. Other party spoke of demands for several minutes, Judge asked me two questions about custody based on what other party stated, I answered them, and Judge made a ruling on everything. He had sided with me on the parenting time increase and schedule I asked for. On child support he said "we always impute income at 40 hours minimum wage, even if you can't work, we will fill out the guideline and that will be the order".
I don't have the order yet but there is a significant award. I've had medical problems since I was young I was able to work part time in my early 20s mostly because I had to, probably 30+ jobs. When I would get a flare up I would be out for weeks or months then start over, etc. I never earned over $8000 a year, my last job was about 8 years ago. I've been hospitalized 5 times over the last two months and had a surgery I am recovering from. I am in the medicaid homebound program and have at home nursing, I am on a feeding tube also. My two children with me have autism and have at home services for it and she is not school age yet. I was denied SSDI because to little work history, I have had a SSI application pending. Submitted documentation of everything above with letters from the doctor and surgeon. There was no discussion on medical, childcare, deductions for other dependents that are allowed in NJ so I have no idea what could be in the guideline that was set. It appears that living below the federal poverty level excluded a support award in NJ, but not if the Judge always inputs income.
I do want to work, and I am extremely hopeful I can one day although it is likely my employment will never be stable and limited to part time.
I guess these are some of my questions:
If I get a SSI ruling in my favor do I file for a support change based on a change of circumstance? I am kind of throw off how I can have any other basis to have income not inputed. I spent almost half the time before the hearing hospitalized. If I get inputted income under this case I can't imagine anything happening that would make it worse.
How do I handle a situation where a garnishment award for arrears/support makes it so I can't work. I realize the kids need everything they can get, but right now childcare is more expensive than what I could make, if could even work, if the situation improves I would have to deal with a 40% garnishment so I couldn't afford to work then either?
If I am able to work in the future I think I should probably reach out to the WI child's parent to get in a support order in place for them. There would be a 25% garnishment to each instead of a single 40%, but the child that needs the most help would get something that way.
Should I prioritize my efforts appealing SSI or support order? If either comes to that.
Is there a public tool to search appeals others have filled where the order was not compliant with the ruling in Harte v Hand , NJ Superior Court Atlantic County 2014 that dealt with other dependent deductions from multiple parties with the poverty income test.
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