What to do after losing contempt hearing?

[harley1102]

What is the name of your state (only U.S. law)? FL
After losing my contempt hearing for payment of child support and having to pay my ex's lawyer fees, I am even more in financial distress. The General Magistrate did not care that my current wife has been without a job for over six months and I am in near foreclosure. My gross income was what was looked at, not my adjusted gross income. Do I have any chance for a rehearing to consider all of these factors? What can I do to get some relief? I am not trying to get out of paying my fair share, I just want to be able to survive.

 

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? FL
After losing my contempt hearing for payment of child support and having to pay my ex's lawyer fees, I am even more in financial distress. The General Magistrate did not care that my current wife has been without a job for over six months and I am in near foreclosure. My gross income was what was looked at, not my adjusted gross income. Do I have any chance for a rehearing to consider all of these factors? What can I do to get some relief? I am not trying to get out of paying my fair share, I just want to be able to survive.

What to do? Get a second job. Children must eat & be housed regardless.

 

[harley1102]

Is there any way of getting a few months relief from payments so I can catch up on my long overdue bills? Ex is remarried and financially secure. And if I do get a second job will the ex be able to claim I am making more money and want me to pay her more?

 

[StampGirl]

Is there any way of getting a few months relief from payments so I can catch up on my long overdue bills? Ex is remarried and financially secure. And if I do get a second job will the ex be able to claim I am making more money and want me to pay her more?

Well sure. Your child (who came BEFORE your current wifey) can go a few months without food etc. Not a problem

Your child support is your number one legal responsibility. What she or her spouse have or do not have is NONE of YOUR concern.

Why do I think its the new wifey who is posting???

 

[CJane]

You ALREADY got 'a few months of relief' or you wouldn't have been in court on contempt charges. How far in arrears are you?

And why do you think that your WIFE being out of work should financially impact your CHILDREN?

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL
After losing my contempt hearing for payment of child support and having to pay my ex's lawyer fees, I am even more in financial distress. The General Magistrate did not care that my current wife has been without a job for over six months and I am in near foreclosure. My gross income was what was looked at, not my adjusted gross income. Do I have any chance for a rehearing to consider all of these factors? What can I do to get some relief? I am not trying to get out of paying my fair share, I just want to be able to survive.

There isn't much you can do. You were found to be in contempt, and trying to file an appeal will be useless- UNLESS you can prove that the Judge/hearing officer made a mistake of law.

What mistake of law do you allege?
Is it that the court used your gross income instead of net to determine your ability to pay?

If so, that will not matter.
It also does not matter that your wife is unemployed.
The only thing you can do at this point is to get a second job, or find a way to earn extra money to pay.

 

[truebluemd]

The reason why we have family law is because there needs to be some statute that recognizes that the parents cannot put their new spouse, car note, house bill, and so forth, before the needs of their kid.

You and your ex's remarriage have no bearing on what you and your ex are supposed to do for your child.

Now, since I just got out of a trial where the ex tried to reduce his CS due to "economic hardship" there is no way you are going to get your CS reduced unless there is a "material change in you or ex's circumstances." Meaning, if you and have the same jobs as before, salaries, expenses related to childcare, childs health insurance, and all those other things that go into calculation CS, then there is no reason to change the child support amount.

 

[thedoctorisin]

What are the adjustments to your gross income that you wanted the court to consider?

 

[thedoctorisin]

And if I do get a second job will the ex be able to claim I am making more money and want me to pay her more?

Here is the second job rule:

(12)(a) A parent with a support obligation may have other children living with him or her who were born or adopted after the support obligation arose. If such subsequent children exist, the court, when considering an upward modification of an existing award, may disregard the income from secondary employment obtained in addition to the parent's primary employment if the court determines that the employment was obtained primarily to support the subsequent children.

(b) Except as provided in paragraph (a), the existence of such subsequent children should not as a general rule be considered by the court as a basis for disregarding the amount provided in the guidelines schedule. The parent with a support obligation for subsequent children may raise the existence of such subsequent children as a justification for deviation from the guidelines schedule. However, if the existence of such subsequent children is raised, the income of the other parent of the subsequent children shall be considered by the court in determining whether or not there is a basis for deviation from the guideline amount.

(c) The issue of subsequent children under paragraph (a) or paragraph (b) may only be raised in a proceeding for an upward modification of an existing award and may not be applied to justify a decrease in an existing award.

Statutes & Constitution :View Statutes : Online Sunshine