Unemployed and CS! What to do?

[newwifefl]

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

Hi All. My husband has been working a 1099 job for 14 months and was recently laid off. The ex is also coming after him for a small arrears amount through child support enforcement. With the economy being the way it is, we have no idea how long it will take him to get another job. Should he file a TEMPORARY motion to reduce CS while he is unemployed or a regular motion? If so how will that work when he goes before the judge? Will judge greatly reduce or make CS $0 until he is employed again. Will he be required to just start paying normal CS once he obtains employment again? Thank you!

 

[Banned_Princess]

Yea right, Like a judge is going to order he doesnt have to pay child support just because he doesnt have a job.

Why would he start working again if that were the case?

 

[LdiJ]

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

Hi All. My husband has been working a 1099 job for 14 months and was recently laid off. The ex is also coming after him for a small arrears amount through child support enforcement. With the economy being the way it is, we have no idea how long it will take him to get another job. Should he file a TEMPORARY motion to reduce CS while he is unemployed or a regular motion? If so how will that work when he goes before the judge? Will judge greatly reduce or make CS $0 until he is employed again. Will he be required to just start paying normal CS once he obtains employment again? Thank you!

Was he paying his child support in full while he was on the 1099 job?
Yes, it would be wise to file for a child support reduction based on the fact that he is unemployed. No, it won't go to zero.

 

[newwifefl]

Is that a joke? Um, he would work again because he is the main income provider for us and we need money to pay for things beyond just child support.

 

[CourtClerk]

So this is about YOU and YOUR family and not the family he made and that should be priority above you... you're an adult and capable (or should be capable) or taking care of YOURSELF and your family.

As i've always said. If your husband can convince his children to stop eating and growing until he finds a job, then I'm sure the court will approve the child support to stop until he finds a job. Until then, kids eat, drink, sleep, grow and need things whether your husband is working or not. If this were the CUSTODIAL parent who lost their job, they'd have to find a way to support the kids employment or not. Your husband should have that same mindset.

 

[Gracie3787]

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

Hi All. My husband has been working a 1099 job for 14 months and was recently laid off. The ex is also coming after him for a small arrears amount through child support enforcement. With the economy being the way it is, we have no idea how long it will take him to get another job. Should he file a TEMPORARY motion to reduce CS while he is unemployed or a regular motion? If so how will that work when he goes before the judge? Will judge greatly reduce or make CS $0 until he is employed again. Will he be required to just start paying normal CS once he obtains employment again? Thank you!

YES, he should file for a temp modification, or a temp abatement ASAP. If possible he should file first thing in the AM. He should request that the order be retro back to the filing date. Federal and state law forbids the court to retroactively modify from before the filing date, but does allow retro back to filing, which is why he should file right away.

It will be up to the Judge as to which will be ordered, a temp decrease or a temp abatement.

Of course, once he is employed again he will need to remodify and begin paying again. Alot of recent temp orders are requiring NCPs to notify the court as soon as they gain any employment.

He should also take proof of his layoff to the CSE, once he does that and has filed for the modification, the CSE will typically hold off any further enforcement action until the issue goes to court.

 

[Gracie3787]

Yea right, Like a judge is going to order he doesnt have to pay child support just because he doesnt have a job.

Why would he start working again if that were the case?

Oh, will you please shut the heck up.

STOP posting nonsense, because you have no idea what the heck you are talking about, especially where FL law is concerned.

 

[Banned_Princess]

Since I don't live in Florida, I am not concerned with "where Florida is concerned."
But I am sure he should not be able to get away with not paying for his children just because he lost his job. How much more irresponsible can this dude be? Has he tried feeding his kids with his gambling winnings? hes probably on drugs too.


How is he going to pay the court fee's to do all this modifying? Didn't we just learn its quite expensive to do anything in FL? Probably to stop all the ridiculous motions by deadbeat dads who don't want to pay for there kids.

Also, I'm sure this and all of this posters questions have been repeatedly answered in her other threads.

I am 100% with court clerk's response. I don't hear you telling her to "shut up"

(Him being the acceptable term when gender is not known

 

[ajkroy]

Funny...all of this time, I thought CourtClerk was a woman.

 

[Gracie3787]

Since I don't live in Florida, I am not concerned with "where Florida is concerned."
But I am sure he should not be able to get away with not paying for his children just because he lost his job. How much more irresponsible can this dude be? Has he tried feeding his kids with his gambling winnings? hes probably on drugs too.


How is he going to pay the court fee's to do all this modifying? Didn't we just learn its quite expensive to do anything in FL? Probably to stop all the ridiculous motions by deadbeat dads who don't want to pay for there kids.

Also, I'm sure this and all of this posters questions have been repeatedly answered in her other threads.

I am 100% with court clerk's response. I don't hear you telling him to "shut up"

First, Courtclerk is a woman.

Second, she is a senior memeber who is very knowledgeble regarding the laws, and has helped many people, therefore she is entitled to post her opinion.

Third, once you have gained some knowledge of the laws and post many times helping people based on the laws, then you too will be entitled to post your opinion. Until then, shut up, sit back and try to learn.

 

[Ohiogal]

Yea right, Like a judge is going to order he doesnt have to pay child support just because he doesnt have a job.

Why would he start working again if that were the case?

Actually he may get a temporary suspension of child support. You really dont' know anything about the law, do you?

 

[Ohiogal]

Since I don't live in Florida, I am not concerned with "where Florida is concerned."

Let us speak slowly -- the OP is in Florida. HENCE Florida law matters.

But I am sure he should not be able to get away with not paying for his children just because he lost his job. How much more irresponsible can this dude be? Has he tried feeding his kids with his gambling winnings? hes probably on drugs too.

You are an idiot. It may be possible for him to get a temporary suspension or abatement of child support. It is happening more due to the fact that the economy sucks.

How is he going to pay the court fee's to do all this modifying? Didn't we just learn its quite expensive to do anything in FL? Probably to stop all the ridiculous motions by deadbeat dads who don't want to pay for there kids.

More idiocy. There is such a thing as a poverty affidavit.

Also, I'm sure this and all of this posters questions have been repeatedly answered in her other threads.

I am 100% with court clerk's response. I don't hear you telling him to "shut up"

No you are not. You are wrong. And quite frankly CC is also wrong on this point as a temporary suspension/abatement may be possible. And you are wrong in believing CC is a guy.

 

[Just Blue]

How much more irresponsible can this dude be? Has he tried feeding his kids with his gambling winnings? hes probably on drugs too.

Where the hell did this come from?? And hopefully OP has posted that her hubby is a druggie and gambler or you will be a "Banned again princess"

 

[meanyjack]

Yea right, Like a judge is going to order he doesnt have to pay child support just because he doesnt have a job.

And that is happening quite a bit nationwide. If you were attempting to look like a complete idiot, congrats!!! Mission accomplished.

 

[meanyjack]

But I am sure he should not be able to get away with not paying for his children just because he lost his job. How much more irresponsible can this dude be?

You are clearly one dumb broad who does not work and sits on her backside all day long. And you clearly do not read the paper or watch the news (probably because Maury, Springer & all of the other shows that cater to YOU are on at the same time as the news).

How is he going to pay the court fee's to do all this modifying?

Hey Paris, It's called a poverty affidavit in many courts.