What is the name of your state? TN
I need a little guidance. I am divorced and mother is primary care taker. I have my girls every other weekend (11 and 18) even though I don’t see 18 yo that much due to her schedule.
I lost my job in mid September. I have been pounded the pavement daily without success. I did apply for a CS Reduction in early November since I could not pay ex any more CS. I also applied and receiving $280 weekly of unemployment. I have not paid ex CS since October 15.
She was served the papers on 11/11/06 for the CS Reduction. She went to her lawyer and did not file anything but I did receive a letter (below) from her attorney that had attached her check stub (since TN is an Income Share State). Our divorce was prior to that law and now her salary will be taken into consideration. The letter basically states the following:
EX understands that your client has in fact become unemployed but is now drawing unemployment compensation.
We would propose without the necessity of this turning into major litigation the following:
1. That your client would be granted a temporary reduction based upon a new calculation of child support reflecting his current earnings as well as the former wife’s. We are including a current pay stub for my client. You will note on that pay stub that my client pays for vision, dental, and medical insurance. There are four (4) individuals covered on the policy and I would suggest that the amount shown on this stub be used simply dividing it by four. This is being done in light of the fact that your client does not provide health insurance at this time owning to his unemployment.
2. In addition we would provide that the reduction is temporary and that it will be reviewed upon him gaining employment.
3. Your client owes an arrearage from October 15th through the re-institution of child support payments. He has not paid any payments whatsoever since October 15th. He seems to be under the impression that he is totally excused from those obligations.
4. I would like some automatic mechanism whereby the parties would not be required to file new petitions in order to adjust this child support upon your client gaining employment. I would suggest that it be done by motion.
At this time I am not filing a responsive pleading nor any counter-petition. I am attempting to save my client money by simply sending you a letter to see if we can work out an agreement. If so she is willing to pay me on an hourly basis. In the event it is necessary to file a petition or counter-petition or answer then I will request that attorney fees be taxed to your client in light of the fact that any modification is not the result of the actions or inactions of my client.
Let me know your position as soon as possible.
Since then,
I have tried to contact my lawyer on many occasions as to what I need to do. She will not return my phone calls. I paid her $500 and I am getting nothing. I feel this is going to hurt me. What should I do? 3 weeks has passed by with nothing from my lawyer. Is she just doing this so that it will go into litigation. I am trying to get answers so I will know where I stand with this. Any advice?
I need a little guidance. I am divorced and mother is primary care taker. I have my girls every other weekend (11 and 18) even though I don’t see 18 yo that much due to her schedule.
I lost my job in mid September. I have been pounded the pavement daily without success. I did apply for a CS Reduction in early November since I could not pay ex any more CS. I also applied and receiving $280 weekly of unemployment. I have not paid ex CS since October 15.
She was served the papers on 11/11/06 for the CS Reduction. She went to her lawyer and did not file anything but I did receive a letter (below) from her attorney that had attached her check stub (since TN is an Income Share State). Our divorce was prior to that law and now her salary will be taken into consideration. The letter basically states the following:
EX understands that your client has in fact become unemployed but is now drawing unemployment compensation.
We would propose without the necessity of this turning into major litigation the following:
1. That your client would be granted a temporary reduction based upon a new calculation of child support reflecting his current earnings as well as the former wife’s. We are including a current pay stub for my client. You will note on that pay stub that my client pays for vision, dental, and medical insurance. There are four (4) individuals covered on the policy and I would suggest that the amount shown on this stub be used simply dividing it by four. This is being done in light of the fact that your client does not provide health insurance at this time owning to his unemployment.
2. In addition we would provide that the reduction is temporary and that it will be reviewed upon him gaining employment.
3. Your client owes an arrearage from October 15th through the re-institution of child support payments. He has not paid any payments whatsoever since October 15th. He seems to be under the impression that he is totally excused from those obligations.
4. I would like some automatic mechanism whereby the parties would not be required to file new petitions in order to adjust this child support upon your client gaining employment. I would suggest that it be done by motion.
At this time I am not filing a responsive pleading nor any counter-petition. I am attempting to save my client money by simply sending you a letter to see if we can work out an agreement. If so she is willing to pay me on an hourly basis. In the event it is necessary to file a petition or counter-petition or answer then I will request that attorney fees be taxed to your client in light of the fact that any modification is not the result of the actions or inactions of my client.
Let me know your position as soon as possible.
Since then,
I have tried to contact my lawyer on many occasions as to what I need to do. She will not return my phone calls. I paid her $500 and I am getting nothing. I feel this is going to hurt me. What should I do? 3 weeks has passed by with nothing from my lawyer. Is she just doing this so that it will go into litigation. I am trying to get answers so I will know where I stand with this. Any advice?