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shemace50
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Reged: 01/03/06
Posts: 3
Can judge order me to go to work?
      #59975 - 01/03/06 10:18 AM

I worked 33ys 4 a co & have some of my retirement fund $ left. I divorced hus 2 yrs ago, gave up everything (home, etc). I returned to school so that i could get a job that pays over min wage. My son is 17 (lives w/husb), I do not have an income, i have lived off money from my ret fund these past years. What will the judge make me pay? Husband make great money, and owns home (which I gave up), boat, motor home, has two 2004 Dodge Rams, etc. I live in an apt, drive older auto, own nothing. When I go to court next week for child support hearing, will I be ordered to go to work instead of school? I have a learning disability which makes it imposs to do both..can someone help? Thanks, Shemace50

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Cinder2
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Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: Can judge order me to go to work? [Re: shemace50]
      #66821 - 01/18/06 06:35 PM

Dear Shemace,

If you don't have a job, then the court will impute your income which means they will estimate what you would earn if you had a job right now. Then your child support will be based on that figure. Luckily, since your son is 17 your child support obligation will be ending soon no matter what number they come up with.

Do you have a lawyer? If not, you should get some evidence together that you need. Bring proof of full-time enrollment in school. Bring proof of your learning disability. Make three copies of everything (one for court, one for you, one for other lawyer).

Good Luck and let us know how it goes.

Cinder


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shemace50
recently joined


Reged: 01/03/06
Posts: 3
Re: Can judge order me to go to work? [Re: Cinder2]
      #80491 - 02/20/06 10:48 AM

Cinder,
Thanks for the info...I did have a chance to read before going to see attys & mediator. Yes, as you stated, the mediator did impute my income (based on estimate if I were employed now). I did bring all of the paperwork for proof...so I came out of it okay. I will pay $350/mo from now until May 07 when he grads. I can do that -- not a prob because I no longer have car payment. I love my son & want to contribute any way I can. I just can't live with the "ex"...Thank you so much for the advice. It was exactly what they did.

One final ? - why are there attorneys if you need to see mediators? I would loved to retain an attorney like the one used during the divorce proceedings. My attorney knows the law, but was not aggressive. The mediator was excellent -- he moved the session along quickly & did not sit around wondering how much my "car was worth" (unlike both attorneys). He simply picked up his pc & pulled the info off the web. That's just one of several instances where the mediator moved the process along the way it should have been. Now, the mediator used during the child support issues was not private (less money) but took 3 x's longer to negociate issues. Will judges always recommend mediation before going to court? Isn't that what your attorney(s) should be doing??


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