What is going to happen to me?

[kokujin]

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

I am currently behind on child support due to being involuntarily unemployed. I was taken to court by the ex on a contempt charge for not paying the child support. While in court my income was imputed and the child support was raised to $763 per month and I have to pay it or go to jail. I recently found a job on october 2nd. For the month of october I made less than I did when I was receiving unemployment. First week I made $0, second week $198 before taxes, third week $420 before taxes, and this week $123 before taxes. By the way I work in car sales. If you watch the news you know times are tough right now. However, being that 100% of my income did not cover the child support payment am I going to be held in contempt for non payment of the child support? I cannot get a second job as I work roughly 12 to 14 hours per day. I have been in car sales for the past 8 years. I cannot do manual labor due to health issues. The child support recovery unit is garnishing 50% of my check every pay day, weekly, so they know I am not making that much money. When I go to court in 2 months from now and I am still behind on child support and not paying the full amount what is going to happen to me??????

 

[kokujin]

bump bump bump

 

[Ohiogal]

So what do you do for a living? Do you have proof of your hours and compensation?

 

[kokujin]

I am a car salesman and I do have proof of income.

 

[kokujin]

Bump bump bump

 

[Proserpina]

Bump bump bump

Dude knock that off - the ONLY thing that will accomplish is pissing people off...

Have patience. We're volunteers here.

 

[kokujin]

My apologies. I just didnt want my thread to become lost and unanswered.

 

[Proserpina]

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

I am currently behind on child support due to being involuntarily unemployed. I was taken to court by the ex on a contempt charge for not paying the child support. While in court my income was imputed and the child support was raised to $763 per month and I have to pay it or go to jail. I recently found a job on october 2nd. For the month of october I made less than I did when I was receiving unemployment. First week I made $0, second week $198 before taxes, third week $420 before taxes, and this week $123 before taxes. By the way I work in car sales. If you watch the news you know times are tough right now. However, being that 100% of my income did not cover the child support payment am I going to be held in contempt for non payment of the child support? I cannot get a second job as I work roughly 12 to 14 hours per day. I have been in car sales for the past 8 years. I cannot do manual labor due to health issues. The child support recovery unit is garnishing 50% of my check every pay day, weekly, so they know I am not making that much money. When I go to court in 2 months from now and I am still behind on child support and not paying the full amount what is going to happen to me??????

You will likely be held in contempt, yes. I know you have another thread here but memory escapes me - what was the reason you didn't file for a downward modification?

 

[Gracie3787]

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

I am currently behind on child support due to being involuntarily unemployed. I was taken to court by the ex on a contempt charge for not paying the child support. While in court my income was imputed and the child support was raised to $763 per month and I have to pay it or go to jail. I recently found a job on october 2nd. For the month of october I made less than I did when I was receiving unemployment. First week I made $0, second week $198 before taxes, third week $420 before taxes, and this week $123 before taxes. By the way I work in car sales. If you watch the news you know times are tough right now. However, being that 100% of my income did not cover the child support payment am I going to be held in contempt for non payment of the child support? I cannot get a second job as I work roughly 12 to 14 hours per day. I have been in car sales for the past 8 years. I cannot do manual labor due to health issues. The child support recovery unit is garnishing 50% of my check every pay day, weekly, so they know I am not making that much money. When I go to court in 2 months from now and I am still behind on child support and not paying the full amount what is going to happen to me??????

https://forum.freeadvice.com/child-support-98/help-me-please-490360.html

Are you going to court again for contempt?

See your other thread. Considering that you are voluntarily underemployed, you could be found in contempt again even though you are paying the 50%.

If you ever want to get out of your situation you'll need to begin looking for a job that meets your earnings capabilities. If you go into court with proof of a real job search, you might have a chance at not being found in contempt.
However, if you continue to use the attitude of only being in car sales, you will contimue to have big problems.

 

[Proserpina]

(And what is your attorney advising?)

 

[kokujin]

I dont think I would be considered voluntarily underemployed. I have been doing the same thing, car sales, for the past 8 years. In the past I made a very good living in this profession. The business just isnt good right now. If I have been doing this for the past 8 years how can I be seen as being underemployed????

 

[Antigone*]

I dont think I would be considered voluntarily underemployed. I have been doing the same thing, car sales, for the past 8 years. In the past I made a very good living in this profession. The business just isnt good right now. If I have been doing this for the past 8 years how can I be seen as being underemployed????

Dude, if you can make more money flipping burgers than selling cars, you are voluntarily underemployed.

bump bump bump... I can see the disco ball twirling right now, can't you Bella???

 

[kokujin]

Thanks. I guess I better consider flipping burgers.

 

[Proserpina]

Thanks. I guess I better consider flipping burgers.

Here's the deal...you are expected to support your child to the best of your ability.

That doesn't necessarily mean that you can pick and choose where to work or even in which industry - it means you have a legal obligation provide support whether that means working 2 x fast food jobs, 1 x CEO position, 3 x labor jobs...or any combination thereof.

So, again, what is your attorney advising you to do?

When you were imputed a wage why wasn't it appealed?

 

[kokujin]

My attorney filed a notice of appeal and is currently working on the appeal. At my recent contempt of court hearing, when my lawyer mentioned to the new judge that income had been imputed and my childsupport had been raised after considering my circumstances, he had a look on his face like. My attorney advised my to just give them pretty much all of the money I make even though it doesnt cover the childsupport obligation. She said the worst that could happen is that I would be found in default and not contempt. That is all good and well but I have another kid to provide for also. And ofcourse everyone has bills. By the way, as i mentioned before I have a neuromuscular disorder. Seriously, my body cannot handle manual labor. With car sales I am sitting down most of the time.