had to vent

[sherlh28]

state of indiana, My ex is asking for a modification of support, the court order is now at 122.00 a week for two children ages 8 and 10, in 1999 my ex went to jail for DUI three times and had to serve a year in jail and lost his license for two years, lost his job a good job making 16.00hr now he works for a friend making 6.00hr,he fell way behind on support and now wants a modification to try to get caught up, when he went to jail the kids did not go away or stop eating, bathing or stop wanting toys, clothes and all the things children need and i never heard them say well dads in jail so i don't need anything today, no life went on, I bet he had his three meals a day, a bath and clean cloths to wear, now i have to go to court and be punished for his crime, i did not go to jail for drinking and driving he did, i paid for his crime everyday sometimes i wish i could have been locked up for a couple of days just to figure this all out, but i did the best i could, now i have to be in court may 23rd drive six hundred miles to answer why he should pay, what should i say sorry you decided to break the law, i feel sorry for you, i can't sleep not knowing you can't eat,i think not,i hear no re-gret for his actions just now he can't afford his children, the real problem i find is that he just started paying the first week of april 2001, we just got a court ordered wage garnishment for 142.00 a week, 122.00 for the current order and 20.00 for arrears, now i'm looking at getting 69.00 a week, whats going to happen? what can i possibly say or do to make him pay for his actions?
i had to vent,
thanks any replies are appreciated

 

[LadyBlu]

state of indiana, My ex is asking for a modification of support, the court order is now at 122.00 a week for two children ages 8 and 10, in 1999 my ex went to jail for DUI three times and had to serve a year in jail and lost his license for two years, lost his job a good job making 16.00hr now he works for a friend making 6.00hr,he fell way behind on support and now wants a modification to try to get caught up, when he went to jail the kids did not go away or stop eating, bathing or stop wanting toys, clothes and all the things children need and i never heard them say well dads in jail so i don't need anything today, no life went on, I bet he had his three meals a day, a bath and clean cloths to wear, now i have to go to court and be punished for his crime, i did not go to jail for drinking and driving he did, i paid for his crime everyday sometimes i wish i could have been locked up for a couple of days just to figure this all out, but i did the best i could, now i have to be in court may 23rd drive six hundred miles to answer why he should pay, what should i say sorry you decided to break the law, i feel sorry for you, i can't sleep not knowing you can't eat,i think not,i hear no re-gret for his actions just now he can't afford his children, the real problem i find is that he just started paying the first week of april 2001, we just got a court ordered wage garnishment for 142.00 a week, 122.00 for the current order and 20.00 for arrears, now i'm looking at getting 69.00 a week, whats going to happen? what can i possibly say or do to make him pay for his actions?
i had to vent,
thanks any replies are appreciated

I know how you feel. It is very discouraging. But I believe that you should sit down and write a letter or notes to the effect of what you have just said in your vent. Ask the judge to allow you to make a few comments/statements. I do not believe that they will lower his support as much as he has asked. As you stated, he is the one that broke the law, not you. The children still had to be taken care of, and you did. Now it is time for him to face the responsibilities he was trying to drown in the bottle then get behind the wheel of the car and drive. Just because he made some very irresponsible decisions with his life, the children should not have to suffer for it.

Good luck to you and I will keep you in my daily prayers..

 

[BugHogan]

Most likely if they do modify it, it will be on a temporary basis with a review hearing. If he doesn't get a better job and he's capable of it, they will start imputing the child support based on income he is capable of making. I also doubt they will modify it to $69.00 per week with the type of wages he's capable of making. You're right, it's his fault that he got the DWI, the kids shouldn't be made to pay for his irresponsibility and error in judgement. A layoff or job loss is understandable, a DWI is just plain irresponsible.

My fiance pays about as much as your ex's current order for child support per month for two kids, doesn't have arrearages, and he only makes $10.25 per hour and is actively involved in the kids lives, frequent visitation, etc. So your ex sounds like he's getting off pretty easy anyways, making $16.00 per hour.

Good luck!