CAN SHE CHANGE JOBS TO SEEK SMALLER PMT??!!! NC

[mom4good]

DEADBEAT BM HAS HAD WAGES GARNISHED FOR 5 MONTHS, AS USUAL SHE QUIT. i THOUGHT SHE GOT FIRED, INSTEAD i SPOKE WITH HER OLD JOB AND FOUND THAT "SHE CLAIMED TO WANT TO WORK PART TIME AND BE HOME MORE"...DON'T WE ALL. IN REALITY, WE ASKED FOR THE FIRST MODIFICATION EVER IN 9 YEARS AND SHE DECIDED TO MAKE LESS SO SHE'LL PAYLESS. dOES THIS ACTUALLY WORK ON JUDGES? SHE HAS MADE AS MUCH IF NOT MORE THAN DH FOR SEVERAL YEARS NOW, HAS A HUGE ARREARAGE, AND IS SIMPLY TRYING TO NOT HAVE TO PAY. sHE EVEN TELLS US THAT IT NOT HER RESPONSIBILTY TO SUPPORT HER DAUGHTER FINANCIALLY. shE'S SO CRAZY. wE DON'T "NEED" THE MONEY B/C I DO PRETTY WELL MYSELF, BUT WE ARE BY NO MEANS RICH AND WE DON'T HAVE A SAVINGS ACCT...WE LIVE PER MONTH. CHILDREN NEED EXTRA ACTIVITIES, COLLEGE FUNDS, BRACES, GLASSES, ETC ETC. SHE SHOULD ABSOLUTLY HAVE TO HELP PAY FOR THESE THINGS. sHE IS NO MOTHER TO HER DAUGHTER AS FAR AS HAVING A RELATIONSHIP, SHE SHOULD EITHER SIGN HER RIGHTS OVER OR PAY THE STUPID SUPPORT!!! shE HAS LEFT EVERY JOB THAT WE FIND AND THAT GETS GARNISHED. whEN SHE MOVED TO ANOTHER STATE, SHE WOULDN'T EVEN TELL HER DAUGHTER WHERE SHE WORKED, HER ADDRESS OR PHONE #...SHE WOULD JUST CALL SD EVERY SO OFTEN. COULD SHE TRY ANY HARDER TO NOT PAY!?!? SHE LIVES IN NC, WILL THE JUDGE ACTUALLY ALLOW THIS?CAN WE GO TO THE HEARING TO EXPRESS OUR VIEWS TO THE JUDGE? IF WE CAN'T MAKE IT, CAN WE SEND A LETTER WITH OUR VIEWS? IT IS AN INTERSTATE CASE WITH NCAROLINA AS THE ENFORCING STATE.hELP!!!!!!!!!!!!!!!!!!!!!!!!!!

[Brent]

Okay, first of all, a couple of suggestions:

1) Don't type IN ALL CAPS. IT'S VERY HARD TO READ.  Please use upper- and lower-case in your posts, or people may not read it.

2) Please break your post up into paragraphs. A giant block of text is difficult to read, and most people will simply skip over it and won't bother to read it. You want a response, so you want people to read it.

As far as her seeking a lower-paying job to reduce her support payments, it almost never works for fathers who try to do this. The judge usually tells them they're intentionally "under-employed, and leaves the CS payment the same.

This may work when mom tries it, however, as judges often go easier on them. Sorry, but it's the truth. If you're lucky and the judge is fair, he will not lower her CS payment, he will impute her income at the previous level regardless of her current income.

Also, do a search on this site for 'child support'. You can double-click this word to do a search: support

[norma]

in NYS if a non-custodial parent (usually father) voluntarily takes a lower paying job, they do not change the support obligation. as a matter of fact, in NYS it seems that when NCP gets fired from job - it's hard to do anything to the support. they'll do all sorts of horrible things to a NCP (father) that they don't seem to do to mothers (custodial or non-custodial).


perhaps the only reason your case is different is because the NCP in your scenario is a woman. this is the running theme in the United States at present. only divorced father's are victimized by the court system and the current laws. there is, at present, no equality.

 

[mom4good]

Thanks for the advice on format, I never even thought about it and I would probably also skip over due to a headache.

[mom4good]

It is absolutely amazing what they let women get away with. At least they didn't let her get custody when she divorce him in 1994. She was utterly shocked that she lost. She wasn't the caregiver and felt that she'd win b/c she was "mom".

I'm trying to make sure she doesn't continue to get away with so much. She owed $10,000 before they took her august tax check. Now she's closer to $9000. She claims a lot of dependents all year and usually has to pay taxes, therefore, we don't get tax checks. She now feels that the only thing left to do is take a huge pay cut. I also think that she is trying to look like a "part time employed mom for the kids sake". SHe has a stepdaughter that they are fighting for in her new marriage. The last thing on her deadbeat mind is doing what is best for the kids. It's all about her. She used to call us crying(pre 3rd marriage) and say "i don't have any money" boo hoo hooo. Yet, when you would see her, she'd be dressed head to toe in name brand new clothes and carrying a different coach bag each time you see her.

Don't get me wrong, i couldn't care less about what she wears or how much it costs....IF she helps to support her daughter.
I am wondering if anyone knows if we can or should go to the modification hearing. Has anyone ever been to one? What happens at them? Should we send a letter instead?

[purrrfectgirl]

What you really need to do is get her tax returns and w-2's for the last few years.  You can use the highest paying job she lheld that she wasn't laid off of.  Now make sure she was laid off (have her get a letter from that former employer.  If she quits or gets fired it is voluntary underemployment and they can impute her income to that level.  Hubby's ex decided she didn't want to work and if she didn't work hubby's CS would go up.  So the judge left her income at the amount it was at her job and she got no increase.

Your hubby needs to go the hearing.  If he does not show up to protect his rights he could be walked over.  If his ex lies and he's not there to defend himself, then he could gt screwed.  It's pretty easy.  Hubby and his ex should both bring their financial documentation and then the numbers can be taken right from there.  If the hearing is in court, and not a CSEA administrative review, then you can file for this documentation to be produced before the hearing.  The changed amount will be effective the filing date so if it drags it out don't worry.

[mom4good]

How can I get tax rt and w2's? Oh, and I found out that she was FIRED! Her boss told her to get her purse and leave immediately. She was apparently arguing a bit too much. She made a nice income at that job and had it for a year and has been in that line of work for 4 years straight. She just keeps getting fired b/c she has a smart mouth.

She changed jobs altogether. She now works part time at a drs. office, an appt sec. or something.

Can I get her info on income taxes w2's?

[purrrfectgirl]

You can file in the courts for a production of documentation under the discovery aspect of the case.  Additionally, you can pose questions to her in the form of interrogatories to get some basic answers before you even go to court (like why she changed her job)!  At least that's how it works in my state, if you're working with a lawyer tell them this is what you want done.  If not, get a consultation to make sure you get the documentation right.  Or call the local court clerk and pick their brain.  They've always been happy to help me and hubby get our stuff right when he was pro se.  Her income get scrutinized since she's NCP so she should have to fork over these financial documents..  

Also, talk to her former employer and asked for a simple brief note stating that she was let go from her job due to her behavior, not because of downsizing of the company (something that says she was fired not laid off).