Belau4
recently joined
Reged: 11/22/04
Posts: 2
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After 17 years of employment I was laid off 3 months ago still not able to find work.
I have two boys 9 & 10 and receive $400\month support.
I have always paid insurance. With my new situation, I want to put in a modification of support. My ex has not filed taxes in over 2 years (56,000\yr). He works for his father who has not paid taxes in over 4 years (100,000+\yr). Because of this when I go in to get a modification will I be out of luck since they are showing no income? Please help me, I'm desperate. Thanks in advance.
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Plum
enthusiast
Reged: 10/04/04
Posts: 218
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I'm sorry to read of your job loss. Keep trying, hang in there, and double-proof your resume!
In order to give you concrete help, we need to know the name of your state; if there is a court order (CO) and if so, from which state; whether health insurance is ordered in the CO; and when the order was last modified.
Your relatively short-term job crisis MAY not be enough to get the order modified. However, if it has been a certain period of time (state-specific) you might be able to go for modification on the basis of time.
Your ex's tax failings can be a problem, but you could subpoena his bank records and other such financial documents and prove his income that way. And I'm sure the IRS would be most interested in his tax filing status.
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Lawyers rule the U.S.; I am not one of them.
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Belau4
recently joined
Reged: 11/22/04
Posts: 2
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First of all thank you for taking the time to post your message, it is appreciated.
I am in Oregon. Have never had a modification since the divorce 5 years ago. I have been unemployed since Sept.
Hope this helps thanks.
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Plum
enthusiast
Reged: 10/04/04
Posts: 218
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Oh, you're welcome. We like to help. Okay, now we’re ready to work on this! Here’s some starter links for info -- read and learn all you can.
Some Oregon-specific info below:
http://www.divorcenet.com/states/oregon
http://www.divorcenet.com/states/oregon/or_faq06/view
“The parent without custody must enroll the children in an available health insurance plan if the custodial parent requests and the costs are "reasonable." The parents will share the cost of health insurance, based on how much income each has, and the child support amount is adjusted accordingly.”
http://www.alllaw.com/calculators/Childsupport/oregon/
(OR CS Calculator)
http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=OR
(OR CS profile: Shows that a modification can be filed for every 2 years; need $50 or 15% change, whichever is less.)
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Lawyers rule the U.S.; I am not one of them.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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Has his income gone UP since you divorced? Cause I don't think you should be able to get child support raised becuase YOU lost your job. That is not really his responsibility to cover a larger portion of your half of suporting the child.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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I think your main concern should be the medical coverage... and as gr8 said, it isnt his problem that you lost your job... not trying to be cold here, just telling you the way the court will see it. Why dont you ask your ex, without the court, if he would be willing to cover the kids... I am sure he is interested in them having proper medical coverage, and would agree to help you. Going to court for this would waste a whole buncha money for both of you, and you said yourself, that you are strapped. Take the easy way first, and talk to the kids Dad. And trust me, I know the unemployment drill. Consider yourself lucky that you are getting CS from him. My ex was vindictive, and withheld CS the whole time I was on unemployment (3 months). Let us know what happens. Blessings, Onyx
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"Don't Make Me Get My Flying Monkeys"
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winewinn
recently joined
Reged: 12/15/04
Posts: 20
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Subpoena your ex's bank/financial statements then. :) Unless he pays for everything in cash, there must be a paper trail somewhere that you can show he receives some sort of income.
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