Child Support Being Increased from $400 to $900 due to arrearage.

I wish to preface our dilemma. This father is a good man who has not always been able to make child support payments, we've had financial difficulties in the past. It is his and my desire to pay every penny of child support we owe. My husband has had his wages attached for child support. The first year (12mos), $1,000 was taken out of his pay for child support for one child, who has a lucrative job of her own. The "X-wife" earns more money than my husband. For the last 14 months $400 has been taken out of his pay. Recently, we received a "MOTION TO ADOPT THE ATTACHED ORDER,(from the original state where they got divorced and where the "X" and child reside)TO REFLECT AN ARREARS PAYMENT OF $500 PER MONTH ON THE ABOVE- CAPTIONED CASE". My husband and I have 2 children of our own as well as his first daughter. We cannot afford to pay all this money per month. Have we no other recourse. In order to pay this amount, we will be forced to sell our home. What about my children's rights???

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by The Current Wife:
[b]What about my children's rights???[/b]<HR></BLOCKQUOTE>

Before anyone attacks me.. this is what most states say, not me..

'He knew he had that first child and knew he had to support him/her. So why did he continue and have two more children ? Why should that first child suffer because he decided to have more children ?'

How much is he supposed to pay ?? How much is he behind ?. Basically, when you are behind with CS then you do not have much room to work with...

No attack to worry about from me.I apprectate any and all reponses as long as they are not intended to be condescending. What you gave me is the truth; and I thank you. However, one cannot get blood from a rock; we can only pay so much and/or face homelessness. It would seem to me she would be cutting off her nose to spite her face if she and the courts push us to this. We will pay all we owe, but it has to be in smaller incrementsfor a longer period of time. Does this make any sense to you? Else everyone involved will lose what they want. Can't the amount be modified. The amount per month on the divorce decree is $300 per month.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by The Current Wife:
[b]No attack to worry about from me.I apprectate any and all reponses as long as they are not intended to be condescending. What you gave me is the truth; and I thank you. However, one cannot get blood from a rock; we can only pay so much and/or face homelessness. It would seem to me she would be cutting off her nose to spite her face if she and the courts push us to this. We will pay all we owe, but it has to be in smaller incrementsfor a longer period of time. Does this make any sense to you? Else everyone involved will lose what they want. Can't the amount be modified. The amount per month on the divorce decree is $300 per month. [/b]<HR></BLOCKQUOTE>


[b]For the last 14 months $400 has been taken out of his pay. Recently, we received a "MOTION TO ADOPT THE ATTACHED ORDER,(from the original state where they got divorced and where the "X" and child reside)TO REFLECT AN ARREARS PAYMENT OF $500 PER MONTH ON THE ABOVE- CAPTIONED CASE"[/b]

So what you are saying is that she has petitioned the court for that amount?
If that is the case, it is a negotiating play....
She is asking for that amount, but in reality will probably not get.
They will base the child support on the amount of money he makes and within your state's child support guidelines.
Your income tax refund can also be used to offset his arrears.

Ex: My ex owes over 15,000.00 in arrears, he pays $150.00 a month in CS, then has to pay the interest on the arrears which comes to about $80.00 a month. He will be paying CS for the next 30 years. These figures were based on his wages, and the fact that he now has 4 other children in his home he is supporting.

[LegalBeagle]

How did the arrearage happen ?.. it seems to me like he has been paying so when & how.. and how much ?

We had severe financial problems for several years and were unable to pay her (many medical bills due to being hospitalized for back surgery) even with health care insurance. The arrearage is $25,000; this embarrasses me. This could immediately paint us to look like deadbeat people and we are not. We want to pay her, we just cannot afford what she is asking now. We paid $300 for a few years. Then, we paid $800 for 12 months and currently $390 for the last 14 up to present day. Now she wants $900. We admonished our income tax return of $6,000. over to her last year. She has received $11,000 in arrearage in the last 2 years.
Just a commercial comment: What really bugs me is that she is the one who was unfaithful to her/my husband when they were married; she has poisened their daughter's mind against him and has restricted visitation. When they were initially divorced, she took 80% of the community property by threatening that if he didn't comply, he would never see his daughter again. She has lied to the courts about how we treat her daughter. I could not love this child more if she was my own; she calls me her second Mom. I have discouraged this because it makes her real Mom angry. The child knows I love her and that there is nothing I would not do for her.I have encouraged her to say we are good friends to her Mom.

Just a little tidbit, the "X" filed this order from another entity of the United States, not another state, so we need to go there and find a foreign attorney.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by The Current Wife:
[b]Just a little tidbit, the "X" filed this order from another entity of the United States, not another state, so we need to go there and find a foreign attorney.[/b]<HR></BLOCKQUOTE>

I do not understand this...

Anyway, all you can do is state your case, mention that you are working at paying the amount and have made a considerable contribution over the last 2 years. A judge *may* see that you are working at it and leave things be.

Not that it helps you, but medical expenses by a parent can be grounds to change/reduce CS in some circumstances. You may have been able to avoid the arrears had you been able to act at the time.

[Thumbelina58]

Hi "Current Wife". I am also the "current wife", and it answer to your final ??, it seems that the Current wife/children do not have any rights, or recieve any consideration when it comes to an X. My husband pays child support, though garnishment, on a child he has never seen.
His X decided that she was still owed for several missed payments TEN YEARS ago. There was a court hearing, which we were not notified of, and of course, the judge ruled for her, Since the child was to be 18 in 4 months, the "arrearage was divided up into 4 payments- we paid this "woman" her regular child support payments in addition to EXTRA payments of over 500.00- the first we knew of this was when it was garnished. We provided documents to the court to show the payments she claimed she was missing were indeed paid to her ( the operative word here being garnished!!) but none of that seems to matter. NOW she's filing for re-instated support because her child has now returned to high school. I feel for you. All I can say is good luck and God Bless you and your children, because with my experience, you, nor your children, or I and mine do not exist in this wonderful AMERICAN court system we have. God Bless.

Thank You so much for your response; it was very kind for you to sympathize; a nicety that one rarely sees in this world today. God has blessed us and it makes his "X" turn greener by the day. I do not understand how she sleeps at night, she is a very greedy, bitter woman, unlike me. She's fortunate that I am not. God Bless you too!

I do not understand this..
Dear Legal Beagle, I don't understand this either; from what the domestic court of our county told me today was that not only was she asking for one payment from the county of our state, but that she was asking for an additional payment from the entity of the USA territory she lives in. Our county's child support court clerk was a bit miffed as to how she could legally do this. I do not wish to disclose where; all I can say is that it is not a state, it is US owned and governed territory.
Earlier I tried to reply to your last response but my computer timed out and I could not post my reply. I wanted to thank you so much for responding to me so many times; what you have done for me is above and beyond the call. I cannot give you any legal advice, but if you care for any authentic Italian Family recipes; I am a gourmet cook and it would be my pleasure to share with you in my area of expertise. Again, THANKS SO MUCH.

Dear Lady Blue, I tried to reply earlier but my computer timed out; so all I typed disappeared before my very eyes. Thank You for responding. What you shared is encouraging and I hope our situation works out in a similar fashion.