Just got Served

[ETR1971]

What is the name of your state (only U.S. law)? FL

I explained my situation in a previous thread. Long story short I am ordered to pay my ex $177.94 per week for 1 child, we got divorced 4 years ago. My income changed shortly there after the divorce, and I avoided modification, cause I felt bad. Looking over the divorce decree it stated that I netted $2800 per month, and now I net about $2100 per month. It also stated that my son at that age was in day care which cost $665 per month, he has been public school for the past year and a half. Low and behold I fell behind when I lost my job in April of 2009 and I was giving her partial payments cause I still maintained a part time job. In July of 2009 I started a new job and still currently hold a part time job. Even with the 2 jobs the $177.94 is a lot for me. Im kicking myself because I was emotional about the whole thing and avoided the modification. All in all Im behind $1394, which she calims is all support but in fact a portion of that is medical bills.

At this point I have no choice but to do the modification. I have the paperwork and I have avoided filling it out. I really dont want to do it even though I walk around with no money while paying her. I am current on the payment except the arrears. I guess I will do the modification now, I was thinking with my heart not my wallet. Question is if I do file it before the hearing, will the Judge consider it, or do I need to have a separate hearing for it? I know her income has increased while mine has decreased. Im not looking to run away or avoid the balance, I simply cant afford the $177.94 anymore.

 

[Zigner]

What is the name of your state (only U.S. law)? FL

I explained my situation in a previous thread. Long story short I am ordered to pay my ex $177.94 per week for 1 child, we got divorced 4 years ago. My income changed shortly there after the divorce, and I avoided modification, cause I felt bad. Looking over the divorce decree it stated that I netted $2800 per month, and now I net about $2100 per month. It also stated that my son at that age was in day care which cost $665 per month, he has been public school for the past year and a half. Low and behold I fell behind when I lost my job in April of 2009 and I was giving her partial payments cause I still maintained a part time job. In July of 2009 I started a new job and still currently hold a part time job. Even with the 2 jobs the $177.94 is a lot for me. Im kicking myself because I was emotional about the whole thing and avoided the modification. All in all Im behind $1394, which she calims is all support but in fact a portion of that is medical bills.

At this point I have no choice but to do the modification. I have the paperwork and I have avoided filling it out. I really dont want to do it even though I walk around with no money while paying her. I am current on the payment except the arrears. I guess I will do the modification now, I was thinking with my heart not my wallet. Question is if I do file it before the hearing, will the Judge consider it, or do I need to have a separate hearing for it? I know her income has increased while mine has decreased. Im not looking to run away or avoid the balance, I simply cant afford the $177.94 anymore.

Keep your related questions in the same thread...

But, I do want to point out that, by definition, if you have an arrears, you are not current.

 

[ETR1971]

Keep your related questions in the same thread...

But, I do want to point out that, by definition, if you have an arrears, you are not current.

My apologies about the thread. I know I have the arrears amount, I just meant that she still gets the court orderd payment every week and extra if I can.

Im going to file the modification before the court date. I just think that since my income is $600 less per month since I have been divorced and the fact that my son is in public school, there should be a reduction, just so I can survive with my own bills. Believe me if I could I'd give her all the money I owe her, I simply dont have it.

Thanks

 

[ETR1971]

My apologies about the thread. I know I have the arrears amount, I just meant that she still gets the court orderd payment every week and extra if I can.

Im going to file the modification before the court date. I just think that since my income is $600 less per month since I have been divorced and the fact that my son is in public school, there should be a reduction, just so I can survive with my own bills. Believe me if I could I'd give her all the money I owe her, I simply dont have it.

Thanks

Well, my court date is Friday, I was not able to get the Modification Paperwork filed yet. I am awaiting my 2007 Tax Return. I tried to catch up for the arrears, I now owe a Balance of $1100, which is $400 dollars less than when she filed the contempt order 6 weeks ago. I am bringing with me my Termination Letter from job which i got laid off from in April 2009, and all of my Paychecks from the Part Time job that I held from April 2009 to present. I wanted to show the judge that I didnt deliberately fall behind during those part time months as I was giving her some partial payments weekly. In July of 2009 I started my new job and still have the part time job. Even combined its hard to pay the $177.94 per week which was court ordered 4 years ago when I was making $2800 net per month, and now im make $2100 net per month. Look I know I owe her the $ its my fault I didnt get it modified years ago. Is there anything else I can bring to court just to show that I was making the effort? I do plan on filing the modification next week. The child support is for 1 7 year old child. In the divorce decree and calculation it says I made $2800 per month and day care was $665 per month. Now I make less and he is in public school.

 

[Zephyr]

Well, my court date is Friday, I was not able to get the Modification Paperwork filed yet. I am awaiting my 2007 Tax Return. I tried to catch up for the arrears, I now owe a Balance of $1100, which is $400 dollars less than when she filed the contempt order 6 weeks ago. I am bringing with me my Termination Letter from job which i got laid off from in April 2009, and all of my Paychecks from the Part Time job that I held from April 2009 to present. I wanted to show the judge that I didnt deliberately fall behind during those part time months as I was giving her some partial payments weekly. In July of 2009 I started my new job and still have the part time job. Even combined its hard to pay the $177.94 per week which was court ordered 4 years ago when I was making $2800 net per month, and now im make $2100 net per month. Look I know I owe her the $ its my fault I didnt get it modified years ago. Is there anything else I can bring to court just to show that I was making the effort? I do plan on filing the modification next week. The child support is for 1 7 year old child. In the divorce decree and calculation it says I made $2800 per month and day care was $665 per month. Now I make less and he is in public school.

Honestly- I think if you explain it very similarly to how you have here, supplementing with your evidence, I think you have a really great shot of not being found in contempt. I am shocked that mom filed for contempt when you were trying to pay something every week (she might get a ding for that in the judges opinion). If you can pay down the arrears even more before the court date- that would be even better.

And YES do file for mod as soon as possible

 

[ETR1971]

Honestly- I think if you explain it very similarly to how you have here, supplementing with your evidence, I think you have a really great shot of not being found in contempt. I am shocked that mom filed for contempt when you were trying to pay something every week (she might get a ding for that in the judges opinion). If you can pay down the arrears even more before the court date- that would be even better.

And YES do file for mod as soon as possible

Thanks, most people are saying the same thing as far as she not looking so great in the judges eyes. Im just doing the best I can and my son is well taken care of. Believe me if I had the arrears she would get it immediately.

I'll keep ya posted.
Thanks

 

[meanyjack]

Thanks, most people are saying the same thing as far as she not looking so great in the judges eyes. Im just doing the best I can and my son is well taken care of. Believe me if I had the arrears she would get it immediately.

I'll keep ya posted.
Thanks

I will add a little to what Zephyr posted....just because one is not paying their support as ordered does not mean they are in contempt, legally. The OTHER parent MUST PROVE that you are WILLINGLY in contempt. If the other parent thinks they can walk into court and say "Your Honor, the paying parent is not paying" and think they're going to be successful, then they need to take another hit on the crack pipe.

You could be a real big "D" and make her prove (asking for concrete evidence) to support every accusation she makes against you. But if you bring everything w/you, as you stated and can prove to the court that even though you have a part-time gig, you've been attempting to pay what you can -- especially weekly -- you stand a good chance of not being found in contempt. If you told your ex about your situation and that you'd pay what you can, I would definitely bring that to the court's attention, including citing specific dates AND times, if you can.

As far as your modification, file it -- and also motion the court if it can be heard on the same date. It doesn't mean it'll happen, but doesn't hurt to ask. As one excellent attorney once told me, this is "judicial effienciency".

 

[ETR1971]

I will add a little to what Zephyr posted....just because one is not paying their support as ordered does not mean they are in contempt, legally. The OTHER parent MUST PROVE that you are WILLINGLY in contempt. If the other parent thinks they can walk into court and say "Your Honor, the paying parent is not paying" and think they're going to be successful, then they need to take another hit on the crack pipe.

You could be a real big "D" and make her prove (asking for concrete evidence) to support every accusation she makes against you. But if you bring everything w/you, as you stated and can prove to the court that even though you have a part-time gig, you've been attempting to pay what you can -- especially weekly -- you stand a good chance of not being found in contempt. If you told your ex about your situation and that you'd pay what you can, I would definitely bring that to the court's attention, including citing specific dates AND times, if you can.

As far as your modification, file it -- and also motion the court if it can be heard on the same date. It doesn't mean it'll happen, but doesn't hurt to ask. As one excellent attorney once told me, this is "judicial effienciency".

When I first found out about the contempt filing I was so nervous. I thought that I officially was in contempt. I guess I didnt realize the true definition legally until I came on here. All I know is that even though during those months of only holding a part time job and making anywhere from $100-$200 per week, I was at least giving her $100 a week, which caused all of my other bills to be late, very late and now Im just trying to bounce back. I owed her $2,000 in arrear payments and knocked it down to $900 before I got a $500 medical bill that I was responsible for. Anyway Im doing the best I can working 1 FT Job and 10-15 hours a week at night at the part time job. I just do the best I can and netting $600 a week and paying $180 of that a week doesnt leave me much. According to the modification numbers I should be paying $505 a month, but due to my procrastination and attempting to make it work, it has bitten me in the butt.

Oh well Ill see what happens tomorrow.
Thanks

 

[ETR1971]

When I first found out about the contempt filing I was so nervous. I thought that I officially was in contempt. I guess I didnt realize the true definition legally until I came on here. All I know is that even though during those months of only holding a part time job and making anywhere from $100-$200 per week, I was at least giving her $100 a week, which caused all of my other bills to be late, very late and now Im just trying to bounce back. I owed her $2,000 in arrear payments and knocked it down to $900 before I got a $500 medical bill that I was responsible for. Anyway Im doing the best I can working 1 FT Job and 10-15 hours a week at night at the part time job. I just do the best I can and netting $600 a week and paying $180 of that a week doesnt leave me much. According to the modification numbers I should be paying $505 a month, but due to my procrastination and attempting to make it work, it has bitten me in the butt.

Oh well Ill see what happens tomorrow.
Thanks

Well everyone just got back from court. The Judge was decent, he did what he had to do. No argument here. Basically they took the arrears and put it on the back end of my support term. So instead of 11 more years of payments its 11years and 2 months of payments. He said to my ex-so what you are saying is for the first 3.5years of his payments he has been on time correct, she said yes. Then he said so he has been making the attempt to pay and only fell behind when he was laid off in April of 2009, she said yes. So during those months instead of $177 per week which was ordered he was making $200 and giving you $100, she said yes. All in all they are deducting the $177 from my paycheck, so we dont have to communicate about it anymore, which is really fine by me. I just told the Judge that I filed the modification before the hearing and he said you should have done that 3 years ago when your income changed. Case closed.
I wanted to thank everyone here for their suggestions and input, I'm so glad I found this site and will use it in the future for any questions I may have.
Thanks