Lost Job - Impact on Support?

[SilkyTP]

You need to find another job. PRONTO.

No foolin? Since the divorce I live in an apartment. If I don't pay rent, I'm on my a$$. I got the phone call on Friday (that would be the last working day of the week) that my position was eliminated. I am working as fast as I can to assure that my kids are taken care of.

I know that there are a lot of guys who try to scam. I'm not doing that. I've lost my job, and the general tone here is that I'm an a$$hole for having done so - well, that may be true, but my company was purchased in December, and this is part of the restructuring.

But I'll tell you, I HATE the fact that I've asked for some procedural information and I am before a jury here. When the divorce first started Jan 2007, my first lawyer said "if you lose your job, let me know right away - we have 10 days to notify them and we can file a motion so that you are not in contempt."

Maybe she was full of it - I don't know. I am just trying to do the right thing, and I keep getting the impression that I should NOT notify the court, per the Uniform Order of Support. Jeeze.

You will also need to explain to the court why you haven't found a job as well as show where you have applied for work.

Well, since this just happened on a Friday afternoon, I'm not sure what the expectation is by Monday. That said, I have already been doing what a person in my profession has to do.

what exactly does your decree state regarding alimony?

The MSA says that I pay her X dollars a month in maintenance until 72 payments have been made. There are 6 paragraphs under that article of the MSA. 1. how much and when she gets paid (and when it stops - remarry, death of either of us, cohabitation by the wife or 72 payments, whichever comes first), 2. the occurrence of the first of the foregoing events forever terminates my obligation, 3. she has to claim it on her taxes, 4. if there's an IRS issue, we have to settle it with the intention of after-tax dollars received, 5. I indemnify her from having to pay ME alimony, 6. she has to notify me immediately if she remarries or cohabitates.

The "Red flag is irrelevant" comment was stated to mean, that I believe I can withstand the utmost scrutiny in that issue. If they think it's too coincidental, that I lost my job soon after CS began, I believe I can prove that it is not of my doing - that's all. I DO want to support my teenage daughters.

Quote:
As a side point, if the judge should rule that I cannot have the order temporarily suspended, then my children will suffer. I will be forced into contempt, drivers license possibly suspended, and possibly go to jail - I cannot earn a living from jail or without a drivers license.

YOu are wrong.

About which part? Earning a living from jail? Or that my kids will suffer? Look if I don't get a job very soon, the same thing that would have happened if we were married will happen now, only we no longer have a house to borrow against if we need to - she will be in dire straits as will I. As a result, my kids will be at risk. Putting me in jail and suspending my license does not solve the problem.

I am an able bodied man who is ready and willing to continue employment. I am looking for a job. But I don't want to go to jail or be a deadbeat dad, just because I lost my job. I've been in sales and marketing for over 20 years and these things happen. I JUST want to find out what I have to do to file a motion for this to be considered.

As far as judges decisions, Seniorjudge may or may not be right - I've seen judges make sage decisions, and I've seen them make not-so sage decisions. It appears to be the gray area and thus, the province of each particular judge. I'm willing to have him rule - I want to know how to get that done.

And finally,

From what OP has posted, He lost his job legitimately and want's info on doing thing's the correct way. He doesn't appear to be someone trying to scam the system or screw his children over. He is worried that if he cannot find work quickly he will lose license and maybe jail.

Nail on the head.

 

[Ohiogal]

No foolin? Since the divorce I live in an apartment. If I don't pay rent, I'm on my a$$. I got the phone call on Friday (that would be the last working day of the week) that my position was eliminated. I am working as fast as I can to assure that my kids are taken care of.

Okay. That matters. But getting being a smart ass with me is NOT going to help matters.

I know that there are a lot of guys who try to scam. I'm not doing that. I've lost my job, and the general tone here is that I'm an a$$hole for having done so - well, that may be true, but my company was purchased in December, and this is part of the restructuring.

Never said you were an *******. I am attempting to help but I don't need attitude.

But I'll tell you, I HATE the fact that I've asked for some procedural information and I am before a jury here

Would you like to get kicked in the head by the judge? I think you would prefer if it was all pointed out here.

When the divorce first started Jan 2007, my first lawyer said "if you lose your job, let me know right away - we have 10 days to notify them and we can file a motion so that you are not in contempt."

A motion so you are not in contempt is NOT the same as a motion to modify or a motion to suspend or anything else. By all means file a notice with the court that you lost your job and are out of work.

Maybe she was full of it - I don't know. I am just trying to do the right thing, and I keep getting the impression that I should NOT notify the court, per the Uniform Order of Support. Jeeze.

You should notify the court AND child support enforcement. You cannot expect however that your support will necessarily be modified downward. Arrearages will accrue.

Well, since this just happened on a Friday afternoon, I'm not sure what the expectation is by Monday. That said, I have already been doing what a person in my profession has to do.

Okay. Have you contacted the unemployment office? Are you receiving severance and unemployment? If so those will enable you to make your child support and alimony payments.

The MSA says that I pay her X dollars a month in maintenance until 72 payments have been made. There are 6 paragraphs under that article of the MSA. 1. how much and when she gets paid (and when it stops - remarry, death of either of us, cohabitation by the wife or 72 payments, whichever comes first), 2. the occurrence of the first of the foregoing events forever terminates my obligation, 3. she has to claim it on her taxes, 4. if there's an IRS issue, we have to settle it with the intention of after-tax dollars received, 5. I indemnify her from having to pay ME alimony, 6. she has to notify me immediately if she remarries or cohabitates.

And NOTHING about modification. That will NOT be modified. You will still owe her the same amount of money for those 72 payments. That x dollars per month will still be owed because the court does NOT retain jurisdiction over spousal support based on what you have stated.

The "Red flag is irrelevant" comment was stated to mean, that I believe I can withstand the utmost scrutiny in that issue. If they think it's too coincidental, that I lost my job soon after CS began, I believe I can prove that it is not of my doing - that's all. I DO want to support my teenage daughters.

Okay then.

About which part? Earning a living from jail? Or that my kids will suffer? Look if I don't get a job very soon, the same thing that would have happened if we were married will happen now, only we no longer have a house to borrow against if we need to - she will be in dire straits as will I. As a result, my kids will be at risk. Putting me in jail and suspending my license does not solve the problem.

Contempt requires willingness and voluntariness on the part of the person not paying to not pay. If you are paying something from your unemployment and severance and are attempting to find a job you likely will not be found in contempt. No one says you should go to jail or have your license suspended.

I am an able bodied man who is ready and willing to continue employment. I am looking for a job. But I don't want to go to jail or be a deadbeat dad, just because I lost my job. I've been in sales and marketing for over 20 years and these things happen. I JUST want to find out what I have to do to file a motion for this to be considered.

You can file a motion to have child support modified but don't be surprised if it does not happen. File though to see if they will do a temporary abatement. Your spousal support does NOT allow for a modification however.

As far as judges decisions, Seniorjudge may or may not be right - I've seen judges make sage decisions, and I've seen them make not-so sage decisions. It appears to be the gray area and thus, the province of each particular judge. I'm willing to have him rule - I want to know how to get that done.

File a motion.

And finally,


Nail on the head.

He may have nailed it on the head. But that doesn't mean you will get a modification.

 

[SilkyTP]

File a motion.

I am not trying to be a smart ass - I am asking for procedural information, not a prediction of the outcome. Sure, to some extent, any experience someone has here will be helpful, but my original post wasn't "should I file a motion", it was, "what do I need to do to file a motion and what should I include", based on the scant information I've shared thus far.

Again, not trying to be a smart ass - just trying to get my question answered.

I don't know how to file a motion - yet.

 

[Ohiogal]

I am not trying to be a smart ass - I am asking for procedural information, not a prediction of the outcome. Sure, to some extent, any experience someone has here will be helpful, but my original post wasn't "should I file a motion", it was, "what do I need to do to file a motion and what should I include", based on the scant information I've shared thus far.

Again, not trying to be a smart ass - just trying to get my question answered.

I don't know how to file a motion - yet.

Google your county's local rules and the state's rules of civil procedure. Read them. Then you should know how to file.

 

[wileybunch]

The forms that are available on line are a bit confusing - I guess I need to understand the process of what has to happen, and what I need to do to make sure that it happens.

How so?
You would need to specify child support and/or spousal support -- whichever you are making a motion about (or both). Filing a motion for one doesn't automatically include the other and vice versa.

Somewhat related -- My ex got his child support reduced after he was laid off and while we were divorced but still going through our financial settlement and were under temporary orders. He had been working a 2nd job so he increased his hours at the 2nd job until he replaced his main job. Then C/S went back up to the normal amount (subject to a cap) when he got a regular job back. At the time he didn't tell the judge that he'd received some sort of separation pay. Like you, it was a reduction in force. While my kids' needs didn't do down and I was struggling at the time, the judge allowed the reduction and while I couldn't adjust as quickly, it was what it was. Not having to consider the lump sump payout as income stunk (but didn't find out until later). Hopefully you're honest all the way around. Anyway, I really didn't fault him for wanting the reduction. Like you said, there are penalties for not paying it and if we'd still been together, we'd have had to tighten our belts together.