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sherimon
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Reged: 06/09/05
Posts: 21
alimony and child support arrearages
      #15143 - 06/09/05 11:12 AM

Hi! I'm in Southern Cal and it looks like I'll have to take my recent ex to court. We were married 24 years but separated the last 13.I waited to divorce him until the children were older(he threatened to take the kids and was and is very abusive).He owes me $101,000 in court-ordered back child support, alimony and interest. He has been paying me about a $1000 a month toward it since child support enforcement got involved 5 years ago even though all he has to pay toward the arrearages are $100 per month and $500 a month current alimony (total $600). It is accruing approx $800 a month in interest alone. My question:He is using our 23 yr old daughter to relay messages to me about his health. Recent high blood pressure and now adult onset diabetes and at the same time has reduced what he is giving me to less than the court ordered amount.My daughter said he is not planning to take me to court but it looks like he wants me to start a court proceeding.What would be the benefit to him for me to start it? Should I wait until these recent health concerns calm down (a month or two?). I have had to scramble to get a menial job just to eat.I just recently finished school for a better more consistent income but it will take at least a year to complete my very low-income internship. Over the last 7 years much of my time has been spent caring for my grandchildren while my daughter (who was 15 when she had the first one) had severe problems. I need to receive at least a $1000 a month for the next year and dont care about current alimony staying in place (just the arrearages and interest should warrant that amount shouldnt it?).He makes about $4000 a month ...me $1200 but I'm trying hard to improve! Any ideas?

Edited by sherimon (06/09/05 11:50 AM)


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Cinder2
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Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: alimony and child support arrearages [Re: sherimon]
      #15532 - 06/11/05 10:54 AM

sherimon,

Do you still have any children that are under 18? If not, I see no reason to go to court. Your alimony is not changeable, regardless of your or his income. Most alimony is a set amount for a set number of years and is non-negotiable. The child support arrearages are also not going to change no matter what. The only number that could possibly change is the amount of child support that he is paying you currently for any minor children.

A side note: taking care of your grandchildren is irrelevant to any proceedings with your ex. _Their_ father is the one that should be paying for their expenses.

Good Luck and let us know what happens.

Cinder


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sherimon
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Reged: 06/09/05
Posts: 21
Re: alimony and child support arrearages [Re: Cinder2]
      #15711 - 06/12/05 09:04 AM

He is currently garnished $100 a month for the $101K in arrearages. I know that garnishment amount can and will change.I am in the discovery process. Amazing what an obligor will do to conceal income, though!

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Cinder2
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Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: alimony and child support arrearages [Re: sherimon]
      #15884 - 06/12/05 06:09 PM

Okay, so he is supposed to pay you $100 in arrearages and $500 in alimony and he makes $4000 a month (before taxes?). The law seems pretty clear on how much he can be garnished:

-------------
1. No more than 50 percent of an employee's weekly disposable earnings may be garnished if the employee is supporting a spouse or dependent child other than the individual for whose benefit the support order was entered.
2. If the employee is not supporting another spouse or child, up to 60 percent of the employee's weekly "disposable earnings" may be garnished.
3. These percentages are increased to 55 percent and 65 percent respectively if the garnishment is to recover support payments that are delinquent by more than 12 weeks.
-----------------------

If he is single with no kids under 18, you can probably easily get the garnishment increased. I would retain an attorney, present him with these facts, and try to get him to sign an agreement you can both live with.

Cinder


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sherimon
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Reged: 06/09/05
Posts: 21
Re: alimony and child support arrearages [Re: Cinder2]
      #20229 - 07/08/05 09:50 AM

Unfortunately, he has spent so much money trying to find out how much I make and trying to conceal what he makes!! Amazing what people will do to avoid paying their debts, especially to an ex!! I will probably have to hire a collection agency to collect from him. I could do an OSC but I think he might be successful in concealing his income, and try to remove current alimony. He has managed to convince my daughter and grandkids to come and live with him in Arizona, some 6 hours away from me. Like I said its amazing what people will do. Of course, my daughter is no innocent! Send some prayers my way please.

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