reducing child support payment

[mplsfitter539]

 My payment was based on false figures that my ex supplied to the court. I never could afford even one payment at the amount accessed to me. I had to move outside the USA just to avoid incarceration. If I could get my payment reduced to say $300 per month I could afford to pay every month. I just had a phone hiring with a Magistrate yesterday and I don't think he will reduce it down enough. What can I do to get it reduced to an amount I can afford? I can't come back to the USA until I get it fixed and no money gets paid until I can return without incarceration.

[Sherry1]

It has to do with an amount of money based upon your income and your ex's income.  Cold hard facts.  Your pay stub and her pay stub.  

[olanna]

You need to pay something. You need to show that you are a caring person and will take care of your child.

As Sherry said, it's not about what you can afford.  Stay out of the US but for all purposes, send something.

[mplsfitter539]

I would need to return to the USA just to pay something. I have no job where I am now and its illegal for anyone here to hire me without citizenship or residency. I can't pay anything unless they let me come back and I can't come back until they agree not to incarcerate me.

[olanna]

I believe, just speaking for me, that I would rather go to jail for a bit and be able to see my child, and earn money than stay in hiding to avoid jail time.

The USA is a big place.  I can promise, as would most here attest, that if you came back to the USA, found work, and sent money, there is a GRAND chance that jail time would be avoided completely.  I can also tell you the CSE would not catch up with you for many months....so if you do it on your own, it would look great.

You are making this situation very hard on yourself. Sometimes just facing your fears makes them go away.

[mplsfitter539]

Thank you for your kind and caring advice. You are really the first person that ever had something nice to say to me about the situation that I am in. Most people don't understand and are only concerned about the money. Obviously this issue goes far beyond money. Thank you again, its people like you who give me hope that one day this will be behind me.

[olanna]

I have been exactly where you are.  You ever hear that joke?

A man falls in a manhole, and can't get out.  He's yelling for help...and first off a lawyer stops by, tells him not to worry, he will go to the judge to get the permitting to lift him out.  Next, a clergy stops by and tells him he will have the entire church pray for him to get him out. And last, his dear and trusted friend sees him in the hole, and jumps in with him.

He asked his friend..."why did you jump in here?  Now we are both stuck in here."

To which his friend replies, "I have a flashlight, follow me, as I know the way out. I have been in here before."

You came to the right place.

;)

[lilywhite]

How are you eating without a job?  How are you supporting yourself?

[mplsfitter539]

friends and family is how I am being supported

[olanna]

I figured that much.  I am betting those same people would help you get back to the states and get things in order.

;)

[leon clugston]

you have gotten youreself in a pickle there, and unfortunately youre present actions are not realy the best. But what is very sad is they cant retroactively lower support, but more often than not retroactively increase support.
Of course the variable question is, was there alleged fihures in the first place actualy legit in accordance with youre alleged income, or was it derived from an unacountable source.

[wendl]

First may I ask why you would be thrown in jail??? My ex is over $20k in arrears and in contempt many many times and has gone to jail twice (for like a week) and that is only because he failed to appear in court for the umteen time.

Our CS worker give him chance after chance after chance and won't throw him in jail if he is ATTEMPTING to pay cs.  WHOOOO I got $18 in January.

Why can't you send anything (don't you have a checking account in the country you live in or can't family member wire some cs to the states)

Good luck.  I would probably call the cs office to see if your caseworker can work with you.

They set the cs on a calculation of salary or if not working they can inpute the income of what a person of that age/gender would make on the average.


**These are my opinions, they are not legal advice**

[mplsfitter539]

>First may I ask why you would be thrown in jail??? My ex is
>over $20k in arrears and in contempt many many times and has
>gone to jail twice (for like a week) and that is only because
>he failed to appear in court for the umteen time.
 
I have already been thrown in jail for 10 days and the last time I went to court the judge said 90 days for contempt if I don't pay within 10 days. He made it clear that he didn't like me and that he didn't believe me that I couldn't pay. When they first figured out my income I didn't have lyme disease and rheumatoid arthritis. Also they didn't do the figures correctly. They used all my overtime and didn't subtract out my expenses. I was a union worker and according to the rules my pay can only be based on 40 hours because overtime is not mandatory. I have to pay union dues and licenses and other things that they didn't subtract out. They based my child support on over $100k per year. Without overtime that figure should be more like $60k per year. I tried paying less and the judge still put me in jail. I refuse to go back to jail, I have committed no crime. Civil contempt is not technically a crime, you don't get convicted by a jury. Its just a convenient tool judges use to get their way.

[lilywhite]

Well, actually civil contempt IS a a crime and you most certainly can go to jail. You can even ask for a jury trial - at least this is the way my attorney explained it to me.  Also, you were given a 90 day sentence for contempt and left the country?

I think you're in for a world of hurt.  You need to straighten this out at soon as possible.

[mplsfitter539]

>Well, actually civil contempt IS a a crime and you most
>certainly can go to jail. You can even ask for a jury trial -
>at least this is the way my attorney explained it to me.
>Also, you were given a 90 day sentence for contempt and left
>the country?
>
>I think you're in for a world of hurt.  You need to straighten
>this out at soon as possible.
>
>
why am I in for a world of hurt? Does someone in the US own me? I can travel to other countries freely the last time I checked. If it was illegal I think I wouldn't have a passport. Anyway thanks

[superdad01]

Well in my opinion if you got the means to visit other countries then you should have the means to support your child. If you have this kinda attitude in the courtroom no wonder the judge don't like you. Hopefully a good attorney could get this matter straightened out for you. How are you benefitibg your child if your not even in the country?

I don't think any father here has an issue with paying childsupport. I think the real issue is being denied time with your child to justify the need for excessive childsupport.

[mplsfitter539]

>Well in my opinion if you got the means to visit other
>countries then you should have the means to support your
>child. If you have this kinda attitude in the courtroom no
>wonder the judge don't like you. Hopefully a good attorney
>could get this matter straightened out for you. How are you
>benefitibg your child if your not even in the country?
>
>I don't think any father here has an issue with paying
>childsupport. I think the real issue is being denied time with
>your child to justify the need for excessive childsupport.
As usual you have your opinion based on not knowing anything about my situation. I don't have money to "visit" other countries I only had enough to leave. Here my parents help me with my living expenses.