What is the name of your state? Indiana (Lake County)
Forgive me but I need to start from the beginning.....
In 2003 I owned a Manufacturing Corporation which needed to file for Bankruptcy due to devastating economic conditions. In order for the bank to accept the deal I was forced to take a pay cut of about 20,000 per year (from 90 to 70,000 per year) This was the last straw for my wife to remain married to me.
In 2005 she filed for a divorce and the judge ruled that I was to give her MY ENTIRE PAYCHECK!!!! until the divorce was final - Which I did. Because of this, I had to remain in the family home (but eventually had to move in with a friend because the children were suffering from the hostile living conditions) I was threatened by my ex-wife and her attorney that they would carry on the divorce proceedings as long as the court would allow (which included my children not being able to come to my house!) unless I agreed to their (ridiculous) demands which I finally did in January of 2006. She got the house (and just about everything in it) the only car, 367.00 per WEEK! and of course the kids. I got a commercial building which is in foreclosure and a 401(K) that was worth 30,000.00 and my clothes oh and I get to claim the children as a tax exemption.
My company has gone from 20 employees in 2003 to being "bought out" (no money was transferred) to now having zero employees I lost my job in July 2007. Until I lost my job I paid my support faithfully (thru weekly paycheck withdraw) Then paid what I could to the courthouse then my unemployment benefits were garnished (benefits were 390 per week before taxes and garnishment was 200.00 per week)
In August my attorney filed for reduction on child support. He told me that I would be required to pay 100.00 per week (and already 200 per week was being deducted from unemployment) I was unable to continue to pay my attorney and he "fired" me right after we went to court in August (would not take my calls etc.) I received court documents in March ( my unemployment ran out in January 08) that the court finds that:
Because I spent time at the commercial building that it was an in kind payment of the new owners of the business and that I should pay child support on that (because I used their phones and internet to look for employment.) and also on my unemployment (which I no longer received as of January 2008) therefore I should pay 147.00 per week.
The court finds that I should retain medical insurance for my 3 children (My ex wife is able to get insurance from work - If I purchase insurance it costs me 600.00 per month and it is horrible insurance that does not cover anything!)
The court finds that I should pay her attorney fees of (as of right now $1700.00)
The court finds that I should send her attorney proof of my job search (and pay her for reviewing this!!!!)
The court finds that I should pay for 1/2 of my sons car insurance.
NOW the court finds that she should be able to claim all of the children until I am current on my support - which is fine but then that after I am caught up SHE is able to claim 1 then I am able to claim 1 and we alternate the third. (This is something I got in the divorce like her getting the house and car and all of my stuff!!!! now she just keeps taking more!)
The court finds that I am in arrearage of 7900.00 and now that I should pay 18% interest on that money!!!!
I DO NOT HAVE ANY INCOME!!! I am going to loose my house, my car, and Now I am in contempt of court and they want jail time. I am 55 years old, have always paid my bills, and now I am going down like a dead beat dad! The best hope for a job right now is McDonalds!!!
I am not trying to screw my ex-wife. I pay for all of my asthmatic sons medications, I pay for both son's contacts, I pay for all of the sports that they play in basketball, football, soccer etc. Shoes, clothes, my sons school trip to Washington, and his Florida vacation with his friends family even now that I am not working and can not afford to pay my household bills. I have sold what little I had left after the divorce to be sure my kids have what they need. I Coach their teams, I go to every game. I pick up my daughter 3 days after school because her mom works. I do all the stuff a good dad should do and more than most and I am just going thru a really bad time trying to find a job and the court wants to put me in jail. I asked for a public defender and they said that I could not have one because I have an income which I DO NOT!!!
I go back to court next Wednesday for the contempt of court charge and do not have an attorney can not afford one and do not know what to do?!! If I go without an attorney and am not prepared I am affraid I will go to jail. I had court 3 weeks ago and asked for a public defender but was denied. I had a meeting with legal aid and was told that since I "Own" commercial property that they can not speak to me ~ even if it is in foreclosure.
I still do not have a job and am at the end of my rope.
WHAT DO I DO?! Is there any way to change what the court already "finds"
I need to know how to go into court pro se on Wednesday and be prepared so that I do not get myself into any further contempt or worst jail time.
Forgive me but I need to start from the beginning.....
In 2003 I owned a Manufacturing Corporation which needed to file for Bankruptcy due to devastating economic conditions. In order for the bank to accept the deal I was forced to take a pay cut of about 20,000 per year (from 90 to 70,000 per year) This was the last straw for my wife to remain married to me.
In 2005 she filed for a divorce and the judge ruled that I was to give her MY ENTIRE PAYCHECK!!!! until the divorce was final - Which I did. Because of this, I had to remain in the family home (but eventually had to move in with a friend because the children were suffering from the hostile living conditions) I was threatened by my ex-wife and her attorney that they would carry on the divorce proceedings as long as the court would allow (which included my children not being able to come to my house!) unless I agreed to their (ridiculous) demands which I finally did in January of 2006. She got the house (and just about everything in it) the only car, 367.00 per WEEK! and of course the kids. I got a commercial building which is in foreclosure and a 401(K) that was worth 30,000.00 and my clothes oh and I get to claim the children as a tax exemption.
My company has gone from 20 employees in 2003 to being "bought out" (no money was transferred) to now having zero employees I lost my job in July 2007. Until I lost my job I paid my support faithfully (thru weekly paycheck withdraw) Then paid what I could to the courthouse then my unemployment benefits were garnished (benefits were 390 per week before taxes and garnishment was 200.00 per week)
In August my attorney filed for reduction on child support. He told me that I would be required to pay 100.00 per week (and already 200 per week was being deducted from unemployment) I was unable to continue to pay my attorney and he "fired" me right after we went to court in August (would not take my calls etc.) I received court documents in March ( my unemployment ran out in January 08) that the court finds that:
Because I spent time at the commercial building that it was an in kind payment of the new owners of the business and that I should pay child support on that (because I used their phones and internet to look for employment.) and also on my unemployment (which I no longer received as of January 2008) therefore I should pay 147.00 per week.
The court finds that I should retain medical insurance for my 3 children (My ex wife is able to get insurance from work - If I purchase insurance it costs me 600.00 per month and it is horrible insurance that does not cover anything!)
The court finds that I should pay her attorney fees of (as of right now $1700.00)
The court finds that I should send her attorney proof of my job search (and pay her for reviewing this!!!!)
The court finds that I should pay for 1/2 of my sons car insurance.
NOW the court finds that she should be able to claim all of the children until I am current on my support - which is fine but then that after I am caught up SHE is able to claim 1 then I am able to claim 1 and we alternate the third. (This is something I got in the divorce like her getting the house and car and all of my stuff!!!! now she just keeps taking more!)
The court finds that I am in arrearage of 7900.00 and now that I should pay 18% interest on that money!!!!
I DO NOT HAVE ANY INCOME!!! I am going to loose my house, my car, and Now I am in contempt of court and they want jail time. I am 55 years old, have always paid my bills, and now I am going down like a dead beat dad! The best hope for a job right now is McDonalds!!!
I am not trying to screw my ex-wife. I pay for all of my asthmatic sons medications, I pay for both son's contacts, I pay for all of the sports that they play in basketball, football, soccer etc. Shoes, clothes, my sons school trip to Washington, and his Florida vacation with his friends family even now that I am not working and can not afford to pay my household bills. I have sold what little I had left after the divorce to be sure my kids have what they need. I Coach their teams, I go to every game. I pick up my daughter 3 days after school because her mom works. I do all the stuff a good dad should do and more than most and I am just going thru a really bad time trying to find a job and the court wants to put me in jail. I asked for a public defender and they said that I could not have one because I have an income which I DO NOT!!!
I go back to court next Wednesday for the contempt of court charge and do not have an attorney can not afford one and do not know what to do?!! If I go without an attorney and am not prepared I am affraid I will go to jail. I had court 3 weeks ago and asked for a public defender but was denied. I had a meeting with legal aid and was told that since I "Own" commercial property that they can not speak to me ~ even if it is in foreclosure.
I still do not have a job and am at the end of my rope.
WHAT DO I DO?! Is there any way to change what the court already "finds"
I need to know how to go into court pro se on Wednesday and be prepared so that I do not get myself into any further contempt or worst jail time.