Need some advise

Hello,

Three years ago my ex and I agreed I would pay her $540.00 a month for
child
support. We both agreed to this amount, but due to health problems I
had to go
on disability and cannot pay this amount any longer. My ex has been
pretty
reasonable about it, but I am now over $2000.00 in arrears so she is
starting
to get upset. I have a court hearing next week to try and lower this
payment,
but I have a few concerns.

First of all, the child support services was supposed to take money out
of my
disability check each month but have failed to do so. That is why I am
in
arrears but I also have not paid any child support in months. I am
afraid when
I go to this court hearing the judge will condemn me for this. Does
anyone know
what I may be in store for? Asking for a modification of child support
while not
paying anything doesn't look good. I am also afraid my ex will not
agree with
lower child support payments because I have not made any.

I would just like to be prepared for what may happen in this situation.
I have
never stood before a judge, our divorce was done in total agreement so
all a
judge did was sign the final divorce papers. Can a judge demand payment
in
full? What if I can't pay it? I am very concerned, any input or
suggestions
would be appreciated.

What income were you earning at the time you agreed to the $540 rate?

Regardless of any arrearage, a monthly rate is based on your present income
and ability to pay.
If you are on disability, then no judge can force you to pay more than what
they give you.

BTW, start paying anything toward the arrearage, that can never go away, so
take care of it as best you can. You are creeping dangerously close to
felony failure to pay at $5000 in most states.
Write her a check for $300/mth, it's better than nothing and keeps the
wolves at bay.


All the judge cares about is money, it's nothing but a total racket!!!!!



"sidamo" wrote in message
ps.com...
Hello,

Three years ago my ex and I agreed I would pay her $540.00 a month for
child
support. We both agreed to this amount, but due to health problems I
had to go
on disability and cannot pay this amount any longer. My ex has been
pretty
reasonable about it, but I am now over $2000.00 in arrears so she is
starting
to get upset. I have a court hearing next week to try and lower this
payment,
but I have a few concerns.

First of all, the child support services was supposed to take money out
of my
disability check each month but have failed to do so. That is why I am
in
arrears but I also have not paid any child support in months. I am
afraid when
I go to this court hearing the judge will condemn me for this. Does
anyone know
what I may be in store for? Asking for a modification of child support
while not
paying anything doesn't look good. I am also afraid my ex will not
agree with
lower child support payments because I have not made any.

I would just like to be prepared for what may happen in this situation.
I have
never stood before a judge, our divorce was done in total agreement so
all a
judge did was sign the final divorce papers. Can a judge demand payment
in
full? What if I can't pay it? I am very concerned, any input or
suggestions
would be appreciated.

"DB" wrote
What income were you earning at the time you agreed to the $540 rate?

Regardless of any arrearage, a monthly rate is based on your present
income and ability to pay.
==
Well, not exactly. Imputing income is very common and has nothing to do with
"ability to pay."

DB wrote:
What income were you earning at the time you agreed to the $540 rate?

Regardless of any arrearage, a monthly rate is based on your present income
and ability to pay.
If you are on disability, then no judge can force you to pay more than what
they give you.

BTW, start paying anything toward the arrearage, that can never go away, so
take care of it as best you can. You are creeping dangerously close to
felony failure to pay at $5000 in most states.
Write her a check for $300/mth, it's better than nothing and keeps the
wolves at bay.


All the judge cares about is money, it's nothing but a total racket!!!!!


I was making close to $3000.00 a month with overtime. On disability I
am making
close to $2000.00. My ex has no problem lowering the monthly payments,
I'm just
concerned about the arrears and what a judge is going to say.

Also, if I plan on going back to work in the next few months will a
judge even
allow a reduction in child support? I just want to be prepared for what
may
happen.

"sidamo" wrote in

I was making close to $3000.00 a month with overtime. On disability I
am making
close to $2000.00. My ex has no problem lowering the monthly payments,
I'm just
concerned about the arrears and what a judge is going to say.

How much of a reduction are you looking for, as I can't see them giving you
any real discount?

Again, arrearage has no bearing to do with setting a monthly, except when
they start adding that on in addition to your monthly rate. The Bradley bill
forbids any judge from doing anything with an arrearage, so you are stuck
with the total amount owed.

Quit worring about the dammed judge, he's just a clerk in this whole obscene
racket for the state.

"sidamo" wrote in message
oups.com...

DB wrote:
What income were you earning at the time you agreed to the $540 rate?

Regardless of any arrearage, a monthly rate is based on your present
income
and ability to pay.
If you are on disability, then no judge can force you to pay more than
what
they give you.

BTW, start paying anything toward the arrearage, that can never go away,
so
take care of it as best you can. You are creeping dangerously close to
felony failure to pay at $5000 in most states.
Write her a check for $300/mth, it's better than nothing and keeps the
wolves at bay.


All the judge cares about is money, it's nothing but a total racket!!!!!


I was making close to $3000.00 a month with overtime. On disability I
am making
close to $2000.00. My ex has no problem lowering the monthly payments,

How nice. The master is cutting her slave some slack.......

I'm just
concerned about the arrears and what a judge is going to say.

Also, if I plan on going back to work in the next few months will a
judge even
allow a reduction in child support? I just want to be prepared for what
may
happen.

On 13 Jul 2006 11:16:34 -0700, "sidamo" wrote:

Hello,

Three years ago my ex and I agreed I would pay her $540.00 a month for
child
support. We both agreed to this amount, but due to health problems I
had to go
on disability and cannot pay this amount any longer. My ex has been
pretty
reasonable about it, but I am now over $2000.00 in arrears so she is
starting
to get upset. I have a court hearing next week to try and lower this
payment,
but I have a few concerns.

First of all, the child support services was supposed to take money out
of my
disability check each month but have failed to do so. That is why I am
in
arrears but I also have not paid any child support in months. I am
afraid when
I go to this court hearing the judge will condemn me for this. Does
anyone know
what I may be in store for? Asking for a modification of child support
while not
paying anything doesn't look good. I am also afraid my ex will not
agree with
lower child support payments because I have not made any.

When they did not take the money out of your disability check, is
there a reason that YOU did not? The judge will not give you any
leeway on this because the responsibility is ultimately yours.


I would just like to be prepared for what may happen in this situation.
I have
never stood before a judge, our divorce was done in total agreement so
all a
judge did was sign the final divorce papers. Can a judge demand payment
in
full? What if I can't pay it? I am very concerned, any input or
suggestions
would be appreciated.

A judge can demand payment in full, but will most likely order that
you pay $X toward the arrears in addition to regular child support
until the arrears are paid off. The chance of getting a reduction in
this situation is quite futile. You say in another post that you plan
to go back to work. If your case is not heard until such time, you
may even see an INCREASE in your monthly obligation if subjected to
the calculations in your state.

Just so you know, anything that you have paid for above and beyond
basic living expenses (i.e. internet service) while NOT sending child
support shows that you had the ability but chose not to. They can
hold you in contempt for that.
Beverly

On 2006-07-16 10:58:24 -0500, Beverly said:

On 13 Jul 2006 11:16:34 -0700, "sidamo" wrote:

Hello,

Three years ago my ex and I agreed I would pay her $540.00 a month for
child
support. We both agreed to this amount, but due to health problems I
had to go
on disability and cannot pay this amount any longer. My ex has been
pretty
reasonable about it, but I am now over $2000.00 in arrears so she is
starting
to get upset. I have a court hearing next week to try and lower this
payment,
but I have a few concerns.

First of all, the child support services was supposed to take money out
of my
disability check each month but have failed to do so. That is why I am
in
arrears but I also have not paid any child support in months. I am
afraid when
I go to this court hearing the judge will condemn me for this. Does
anyone know
what I may be in store for? Asking for a modification of child support
while not
paying anything doesn't look good. I am also afraid my ex will not
agree with
lower child support payments because I have not made any.

When they did not take the money out of your disability check, is
there a reason that YOU did not? The judge will not give you any
leeway on this because the responsibility is ultimately yours.


I would just like to be prepared for what may happen in this situation.
I have
never stood before a judge, our divorce was done in total agreement so
all a
judge did was sign the final divorce papers. Can a judge demand payment
in
full? What if I can't pay it? I am very concerned, any input or
suggestions would be appreciated.

A judge can demand payment in full, but will most likely order that
you pay $X toward the arrears in addition to regular child support
until the arrears are paid off. The chance of getting a reduction in
this situation is quite futile. You say in another post that you plan
to go back to work. If your case is not heard until such time, you
may even see an INCREASE in your monthly obligation if subjected to
the calculations in your state.

Just so you know, anything that you have paid for above and beyond
basic living expenses (i.e. internet service) while NOT sending child
support shows that you had the ability but chose not to. They can
hold you in contempt for that.
Beverly

That's RIGHT, eh?

"i am black bertie's hot comb" wrote in

Just so you know, anything that you have paid for above and beyond
basic living expenses (i.e. internet service) while NOT sending child
support shows that you had the ability but chose not to. They can
hold you in contempt for that.
Beverly

That's RIGHT, eh?

Yes, in America they can imprison you for not sending money to your ex
wench!


Hear Dear, here's some money to get the kid 10 pairs of Jeans, a new
computer & a week at disney land.
Hope it's enough to last for the month! LOL

"DB" wrote in message
y.net...

"i am black bertie's hot comb" wrote in

Just so you know, anything that you have paid for above and beyond
basic living expenses (i.e. internet service) while NOT sending child
support shows that you had the ability but chose not to. They can
hold you in contempt for that.
Beverly

That's RIGHT, eh?

Yes, in America they can imprison you for not sending money to your ex
wench!

Plain and simple, you are literally renting your freedom! How these sick
people ever came up with the slogan "child support" in connection with such
rent escapes me.........



Hear Dear, here's some money to get the kid 10 pairs of Jeans, a new
computer & a week at disney land.
Hope it's enough to last for the month! LOL