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#515786 - 05/15/09 04:57 PM I'm new here....
joey69 Offline

recently joined

Registered: 05/15/09
Posts: 5
Here goes...my child support order was implemented at the end of '04 and have had trouble paying ever since...
I was unemployed at the time of the decision (I went in pro se), so the judge imputed my income at $2,500 monthly. My monthly obligation, including arrears is $712 monthly. This has been a very difficult amount to keep up with, but I did for a couple of years. After much difficulty and a protracted divorce (with custody issues) I decided to move to Chicago with my fiancee' (yes I'm doing it again!). Not an easy decision to leave my daughter behind, but I was emotionally crippled (some would still say I am) after the mud-slinging I went through with the divorce. I now have a 3 year old son with my fiancee' (getting married in July).
My ex has recently relocated from FL (that's where we lived together) to Wash DC and gotten remarried. They just bought a house and are doing well. I on the other hand have been unemployed and receiving unemployment insurance for nearly a year. I have not been able to keep up with support during this time. I've paid what I could (usually $200-$300 monthly) and have been going to school to better myself while actively looking for work. The problem is, I've been nothing but a waiter or bartender for the better part of my adult life (I'm 39) and want/need a drastic change in my life, hence the schooling. I know her standard of living is better than mine and I need to prove this.
She is starting to thraeten me with court again and this scares the hell out of me. I've been accruing arrears throughout this year and added to what the judge initially put into the agreement, I must owe almost $20,000 by now!!! My question is (finally!), if I try to modify support, can she file for contempt of court (for paying less) during the same proceeding? Or does it have to be a separate filing and court date? Also, if I file, can I ask her for her financial statements?
To anyone that takes the time to read this, this is the very short version, but thanks and God bless.

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#515787 - 05/15/09 06:27 PM Re: I'm new here.... [Re: joey69]
JennyLynn Offline
Carpal \'Tunnel

Registered: 07/14/05
Posts: 31656
If you can't support the child you have, why on EARTH did you have another?

To answer your question - yes, she can file contempt if you are not paying what you are ordered to pay.

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#515788 - 05/15/09 08:18 PM If either of you file [Re: joey69]
Melody Offline
Carpal \'Tunnel

Registered: 06/03/04
Posts: 10102
Loc: California
and the filing is in regards to child support, then the issue of unpaid support will be certain to arise. She will present how much support has been missed over the years and this will be added to the arrearage that you have already accumulated. If your support is decreased, you will still have an arrearage to satisfy. Subsequent children are not usually considered when adjusting child support...depends upon your state.

What concerns me is that you are able to support a wife and a new child, yet you are unable to pay the support that was ordered on a conservative income of $2500 per month. I mean really...that's only $30K per year. You should not expect to be allowed to short change your older child because you have moved onto another family.

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#515789 - 05/16/09 03:35 AM Re: If either of you file [Re: Melody]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
I always thought the cost of living would be more in Chicago than in Florida.....why would someone with no money move there ?

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#515790 - 05/16/09 12:24 PM Re: If either of you file [Re: finz]
Yes_Dad Offline
Carpal \'Tunnel

Registered: 08/23/08
Posts: 7406
[quote]I always thought the cost of living would be more in Chicago than in Florida.....why would someone with no money move there ? [/quote]

Way more. I have iived in both in the last 6 years. Way Way more.

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#515791 - 05/16/09 06:47 PM Re: If either of you file [Re: Yes_Dad]
emilar Offline
enthusiast

Registered: 06/11/06
Posts: 380
Florida is very cheap in comparison to Illinois. Right to work State. Low wages and low COL. Thats why its a retiree state.
_________________________
If you can't be a good example, then you'll just have to be a horrible warning.

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#515792 - 05/16/09 06:59 PM Re: If either of you file [Re: emilar]
emilar Offline
enthusiast

Registered: 06/11/06
Posts: 380
I don't get what you are actually paying. You say $712 a month on $2500 a month with 1 child. What is the percentage for 1 child in Florida?
Either way federal child support laws gives the first child dibs to the monies available for support no matter how many other children you have.
The only hope I see is if Florida or Washington law considers both parents incomes in support calculations. Illinois doesn't. It sounds like Florida doesn't either. And I'm not sure her new state matters. But I could be wrong. There are a lot more knowing than me on the board. Goodluck.
_________________________
If you can't be a good example, then you'll just have to be a horrible warning.

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#515793 - 05/16/09 11:34 PM Re: I'm new here.... [Re: joey69]
Debi Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 7157
Keep in mind that her standard of living isn't going to much matter if it's her husbands income. He can make 7 figures a year and they aren't going to lower your support based on that. It's not up to him to support the child.

Yes she can file contempt charges regarding the order you're behind on. I doubt you'll do jail time since you are making an attempt to pay but what's already in arrearages is going to stay there until it's paid unless she agrees to forgive them. They will keep accruing at the same rate until/if you are able to get the payments lowered but I don't think they will be lowered so much that you can continue to pay 200-300 a month and keep current AND wittle away the arrearages.
_________________________
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.

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#515794 - 05/17/09 02:14 PM Re: If either of you file [Re: emilar]
Yes_Dad Offline
Carpal \'Tunnel

Registered: 08/23/08
Posts: 7406
[quote]Florida is very cheap in comparison to Illinois. Right to work State. Low wages and low COL. Thats why its a retiree state. [/quote]

Flordia companies use it as a lure in hirig, the overall COL, My house in Florida would be double the price where I live now.

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#515795 - 05/17/09 11:24 PM Re: If either of you file [Re: Yes_Dad]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
[quote][quote]I always thought the cost of living would be more in Chicago than in Florida.....why would someone with no money move there ? [/quote]

Way more. I have iived in both in the last 6 years. Way Way more. [/quote]

**********************************************

I know YD

I'm just dying to see how he justifies moving to a place where the cost of living is so much more if he can't afford to pay CS

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