Medical Leave at No Pay

[Wi-Mom]

My husband has CS obligations to two BM's. One gets 25% of his gross income, and the other 17%. They are fixed amounts. He is paid weekly.

Due to a genetic disorder DH has prosthetics in both ears enabling him to hear. A short time ago, he heard a sudden "pop" and immediately lost hearing in his right ear, accompanied by tinnitis (loud buzzing sound) which severely diminished his ability to hear at all. (with the other ear)

ENT determined he would need surgery to restore his hearing. In fear of losing his job, he quickly scheduled the surgery and has been off of work for 2 1/2 weeks. Being at this job only 90 days he has no sick benefits and it is without pay.

By the time he goes back to work he will have accumulated some arrears. We live in WI.

1. Can he go to the courts and petition to have those arrears dismissed after the fact?

2. Having never petitioned for anything before we don't even know where to file if that is in fact an option. Can you tell us where and how?

Please give us some good news. Lie if you have to.

[socrateaser]

>1. Can he go to the courts and petition to have those arrears
>dismissed after the fact?

No. Federal law prohibits retroactive modification.

>
>2. Having never petitioned for anything before we don't even
>know where to file if that is in fact an option. Can you tell
>us where and how?

Go to the courthouse and find the family court facilitator and file for a support modification IMMEDIATELY (Monday). Until you have court stamp on your motion to modify, you will build arrears and you will never get rid of them.

>
>Please give us some good news. Lie if you have to. :)

OK, how about this. You've won the Publishers' Clearinghouse Sweepstakes!

(you said lie to you...)

[Wi-Mom]

Aha! So we all now know your real name! Thanks Ed!

I won! I'm rich! Woohoo! - It could happen to you!

[dipper]

Just wanted to say - immediately is socs key word.  In VA, you would be about two months before going into court.  Two months of building arrearage.

MY dh was out on medical leave last year without pay and once he was out of the hospital, we filed for a reduction in CS.  Luckily, my dh recovered rapidly and completely - which for his illness was a miracle - and he actually asked for the case to be dismissed before ever going to court.  However, once he returned to work, they instantly sent the garnishment to recover the arrearage.

Best wishes to your dh for increasing health....