• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

support dropped -- other bills question?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

speedcam

Member
i am in wisconsin and am curious about some bills. ( sorry if this is not correct forum). my wifes ex has had support dropped because he no longer works. but nothing was ever said about the medical bills and insurance he has been court ordered to pay 50% of. neither have been paid since sept. '02.( we have sent numerous copies to him like we were told to) we talked to a lawyer and he told us that since he quit his job he had covered his butt pretty good and that we can not file contempt on him or it my be turned around and we would have to pay him. is this true? and if we don't bring this up and wait til he actually starts to work again does he have pay back every thing from the date of the order?

thanks for all and any responses.

speed
 


speedcam

Member
have another question. my wife just called me and said we just got a letter in the mail from the courts, saying they were taking her to court for child support since he has custody 100% of the time and that he has fully covered insurance on the three kids.( since last oct.& has been on assistance since last July)
fact is, I have the insurance 100% coverage through MY work for everyone in my house hold.( since August 8th '03) plus the custody is slpit 50/50%. how likely is it that when he gets the same letter that he can persue this issue? since it is false, shouldn't this be thrown out? and can they garnish my wages for support since my wife is a stay home mother now?

thanks for the input in advance


speed
 

VeronicaGia

Senior Member
They will not garnish your wages, however they can take your income into consideration when figuring child support. My guess is that since he is disabled and cannot pay support, she is the higher wage earner. Even in 50/50 custody situations, the higher wage earner can end up paying the lower wage earner support. Who has residential custody, in other words, whose house does the child live in and attend school?
 

speedcam

Member
VeronicaGia said:
They will not garnish your wages, however they can take your income into consideration when figuring child support. My guess is that since he is disabled and cannot pay support, she is the higher wage earner. Even in 50/50 custody situations, the higher wage earner can end up paying the lower wage earner support. Who has residential custody, in other words, whose house does the child live in and attend school?

A: thanks VeronicaGia, but one note to be added here.. i never said he was disabled. he quit his job a week after he got notice from the state that they were taking him to court for child support.
as for residential custody, the three kids are at his apartment ( note its only a two bedroom for five people( his apparent GF stays there most of the time), Fri, Sat, Sun,Mon. and tuesday then at our house for Wed.,Thurs. then rotates just in reverse order the next week.
they go to school about a block from my wife and my house. he lives about ten minutes away.

speed
 

speedcam

Member
SORRY TO ASK .... not trying to sound moronic but i am curious. how can the state take my wages into consideration for CS if i have no "legal" rights towards the children? if i have no say in things or my opinion doesn't matter why should my wage? i am not the legal guardian right? i thought the only resposibility i have is towards my wife 100% of the time and when the kids are at the house( from what it sounds like ) i am only required to feed them clothe them and have a roof over their heads.

its just a question, i do treat all three like they are my kids, at least the best i can all things considered.

thanks
speed
 

VeronicaGia

Senior Member
Speedy, your wife is voluntarily unemployed. Most states hold that in that circumstance, the court can take into consideration the income of the spouse of the person who is voluntarily unemployed or underemployed. It does not mean they can garnish your wages.

In the end, neither parent is upholding their financial obligation. Neither she nor he is financially supporting the child(ren). It appears as you are the only person with any financial support, which is not how it should be.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top