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contempt

Started by majorpain, Apr 13, 2008, 12:05:55 AM

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majorpain

I'm sure my situation is not a new one, but here goes. My present wife and I work as over the road truck drivers. In November we were involved in a horrific accident and have been unable to work since. I am recovering from a torn rotator cuff injury, and she is just about healed from an injury to her knee.
I have a 10yr old son and she a 17yr old son. Both are from previous relationships. Her ex has not given us any greif, but my ex has filed contempt on me. (child support) I have not been in arrears for the whole time up until now. I could not afford to continue paying the 170.00 per week. I suspended these payments mid January, only after I had informed her of the difficulty I was having in making them.
She has, from the begining, (she filed against me when my son was 5mo old) kept him from me for one reason or the other. They had plans or he was sick. He didn't want to visit. On and on. I can not afford the outragous sum that attorneys want, to even talk about my case. I have not missed a support payment till this past January. I have kept the medical coverage on him. I am responsible for 50% of any unpaid medical. She has presented me with these cost on 3 occassions. As you can imagine, it was an 8 1/2" by 11" envelope stuffed full. The last occurence out of 98 receipts, 32 were duplicates. I am an honest hardworking father who is at wits end. I have refrained in the past from running to the courthouse on every issue and have tried to be diplomatic so that any stress this may have caused would not be picked up on by our son. Oh also the last modification hearing brought against me my reported income was 50000.00.
The ADR office worksheet she had to fill out showed her income to be 30000.00. When we got to court she claimed she had just changed jobs and was only making 89.00 a week. I could have, well I will only let you imagine my feelings on that. I got screwed. I know it. Still I started paying the 170.00 and now my choices are bankruptcy or jail. I help care for my elderly mother who lives with us. The house is in her name of course, I built the home. I've not slept in days from worry about the impending consequences of this contempt issue. After I can return to work in just over a month I will be able to catch up my arrears. Till then I have 4 mouths to feed here and the mountain of bills. Help, anyone. Can I write a letter to the court with my intentions? What. What a racket the court system is. Thanks in advance and I hope I wasn't to winded in my explanation. Majorpain

ocean

You need to ask for a modification now and bring Dr letter stating you have are unable to work. Are you receiving disability? You should send something every month, even if it is a lower amount to show that you are trying just can not keep up. Do not send nothing.

You can file yourself at the court house. Your change of circumstance in your accident. Bring lots of proof with you.

Good luck

majorpain

Thanks for the reply. If she has filed the contempt charge on me I can still do that? Thank you in advance for your time. Majorpain