divorceinfo.com
Welcome, Guest. Please login or register.
Did you miss your activation email?
October 31, 2014, 08:36:42 AM

Login with username, password and session length
Search:     Advanced search
254503 Posts in 18125 Topics by 1389 Members
Latest Member: KraChadFireDang
* Home Help Search Login Register
+  divorceinfo.com
|-+  General Category
| |-+  All About Money (Moderator: m_t)
| | |-+  Having to pay more alimony and child support than you make
« previous next »
Pages: [1] Print
Author Topic: Having to pay more alimony and child support than you make  (Read 4260 times)
lorigan06
Newbie
*
Posts: 2


« on: October 20, 2006, 09:41:55 AM »

I've just finalized a divorce from the evil one in Ohio. I now live in Michigan, it still resides in Ohio.

On the 12th it went into court after convincing me to not show so that the divorce would go uncontested and it could just be over. I've been trying to divorce it for several years and it has fought tooth and nail. Now that it is finally over and we are legally divorced, a judge in Lucas Co. Ohio chose to give her more alimony and child support than I make.

At present the order states that it will recieve $793.62 a month for our two children and another $663.00 a month in alimony, for 5 years and according to the order the amount can be modified but not the term. It is also ordered that I pay $322.00 a month for it's van payment. It will also recieve 50% of my 401k. Evidently I will also have to pay all of the bad check fees in our joint checking account, fees that were incurred because IT wrote checks knowing there was no money in the account.

All totaled it will recieve almost $1,800.00 per month in support/alimony and other payments. What I do not understand is how this is possible when that is almost more than I make in a month when I work 40 hours a week. When I work 40 hours a week I gross around $500.00/week that leaves me with $200/month before taxes.

How is it possible for a judge to order that much making it impossible for me to survive? How do I fight this? Obviously I don't have money to hire a lawyer since IT is getting all of my paychecks. I work for nothing at this point. I have two other children and a fiance that I have to support as well and we are barely making it.

If anyone has any info or resources that might help I'd truly appreciate it.

 
Logged
livealittle
Guest
« Reply #1 on: October 20, 2006, 09:51:28 AM »

regardless of the cost - you need an attorney to file immediately for modification

have you checked the child support calculator for your state?  is the amount awarded in line with the guidelines for child support?
Logged
m_t
Moderator
Hero Member
*****
Posts: 13773


WWW
« Reply #2 on: October 20, 2006, 10:00:51 AM »

It's generally pretty stupid to take a stbx's advice - a lesson you've painfully learned. I have to assume that your income was taken to be higher than it really is - if you had been in court, you'd have been able to show what you actually make.

You can try appealing. Be aware that there is a VERY small window of time in which to do that, and you will need to show that there was an error of law. Since you apparently knew when the court date was, you can't claim that you weren't served and therefore you were unaware of the hearing. Which pretty much means that you have no real grounds for contesting the ruling.

All I can realistically suggest is taking a second job to make ends meet. It's unclear whether the other two children are yours biologically or children of your fiancee's. If the former, then you do have an obligation to help support them - bringing us back to a second job. If the latter, they are NOT your legal obligation and their mother needs to get support from the relevant father(s). Lastly, your fiancee is an adult, and as such should be supporting herself.

Sorry, dude.
Logged

Fuck Cancer

"Women are angels. When someone breaks our wings, we simply continue to fly. On a broomstick. We are flexible."

Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khale
Jade
Guest
« Reply #3 on: October 20, 2006, 12:01:01 PM »

regardless of the cost - you need an attorney to file immediately for modification

have you checked the child support calculator for your state?  is the amount awarded in line with the guidelines for child support?

He needs to check in the state that the original order is in.  That is what child support goes by, not the state that he moved to.
Logged
Jade
Guest
« Reply #4 on: October 20, 2006, 12:06:38 PM »

I've just finalized a divorce from the evil one in Ohio. I now live in Michigan, it still resides in Ohio.

On the 12th it went into court after convincing me to not show so that the divorce would go uncontested and it could just be over. I've been trying to divorce it for several years and it has fought tooth and nail. Now that it is finally over and we are legally divorced, a judge in Lucas Co. Ohio chose to give her more alimony and child support than I make.

At present the order states that it will recieve $793.62 a month for our two children and another $663.00 a month in alimony, for 5 years and according to the order the amount can be modified but not the term. It is also ordered that I pay $322.00 a month for it's van payment. It will also recieve 50% of my 401k. Evidently I will also have to pay all of the bad check fees in our joint checking account, fees that were incurred because IT wrote checks knowing there was no money in the account.

All totaled it will recieve almost $1,800.00 per month in support/alimony and other payments. What I do not understand is how this is possible when that is almost more than I make in a month when I work 40 hours a week. When I work 40 hours a week I gross around $500.00/week that leaves me with $200/month before taxes.

How is it possible for a judge to order that much making it impossible for me to survive? How do I fight this? Obviously I don't have money to hire a lawyer since IT is getting all of my paychecks. I work for nothing at this point. I have two other children and a fiance that I have to support as well and we are barely making it.

If anyone has any info or resources that might help I'd truly appreciate it.

 

First of all, you do realize that you are talking about the mother of your children, right?  She is not an it.  And I certainly hope that you don't refer to her as an it in front of the children. 

Second, what exactly did your attorney say about you not going to court?  You may want to check into the Ohio law to see how long you have to file an appeal.  In my state, it is 45 days.  After that, there is no appeal. 

Logged
singlemom
Newbie
*
Posts: 47


« Reply #5 on: October 20, 2006, 01:16:46 PM »

Federal law prohibits wage garnishment for child support and alimony over 60 % of a person's wages (normally 25% for garnishment that isn't child support/alimony).  An additional 5% can be garnished for arrears.  Please take a look at: http://www.dol.gov/esa/regs/compliance/whd/whdfs30.htm.
Logged
singlemom
Newbie
*
Posts: 47


« Reply #6 on: October 20, 2006, 01:21:11 PM »

Uh. I just reread your post.  They can't garnish over 50% since you have dependents. 
Logged
Dallas
Hero Member
*****
Posts: 773



« Reply #7 on: October 20, 2006, 03:27:46 PM »

Federal law prohibits wage garnishment for child support and alimony over 60 % of a person's wages (normally 25% for garnishment that isn't child support/alimony).  An additional 5% can be garnished for arrears.  Please take a look at: http://www.dol.gov/esa/regs/compliance/whd/whdfs30.htm.


That applies only to what the federal law allows an employer to withhold from his pay.  He would still owe the difference unless he appeals.

Dallas
Logged
livealittle
Guest
« Reply #8 on: October 20, 2006, 05:29:05 PM »

Dallas -

that guideline is for any garnishment including IWO for child support.  I run payroll for our company and deal with IWO for child support and arrears on child support all the time.  He can still owe it, but only so much can be taken out.  He may just take a long time to pay it.



and Jade - I should have been more clear on the "your state" comment.  thanks for pointing that out.
Logged
lorigan06
Newbie
*
Posts: 2


« Reply #9 on: November 24, 2006, 07:10:39 PM »


 

First of all, you do realize that you are talking about the mother of your children, right?  She is not an it.  And I certainly hope that you don't refer to her as an it in front of the children. 

Second, what exactly did your attorney say about you not going to court?  You may want to check into the Ohio law to see how long you have to file an appeal.  In my state, it is 45 days.  After that, there is no appeal. 

My guess would be that you are probably someone else's "it" and that would be a good reason for you to go off not knowing the reason we call her "it". I don't justify myself to anyone, that includes you.

Thank you to all the rest of you that posted helpful information. Many thanks.

PS
Fiance is now wife Cheesy


Logged
Jade
Guest
« Reply #10 on: November 24, 2006, 08:33:09 PM »


 

First of all, you do realize that you are talking about the mother of your children, right?  She is not an it.  And I certainly hope that you don't refer to her as an it in front of the children. 

Second, what exactly did your attorney say about you not going to court?  You may want to check into the Ohio law to see how long you have to file an appeal.  In my state, it is 45 days.  After that, there is no appeal. 

My guess would be that you are probably someone else's "it" and that would be a good reason for you to go off not knowing the reason we call her "it". I don't justify myself to anyone, that includes you.

Thank you to all the rest of you that posted helpful information. Many thanks.

PS
Fiance is now wife Cheesy



No, I'm the child of a father who called my mother an it.  I haven't talked to him in 22 years. 

Like I said, I sincerely hope you don't refer to the mother of your children as an "it" in front of them (your ex-wife shouldn't badmouth you, either).  You will be the one who pays in the end.  It really doesn't matter what your ex-wife did.  She is still their mother.  And you AND your ex-wife's children deserve not to be put in the middle of it.   I don't need to know the reason.  All that matters is that it is not good for ANY child to listen to one parent badmouth the other. 

And the fact that you are so defensive says that you know you are wrong.  And tells me that you probably do badmouth their mother in front of them.

BTW, it is irrelevant that your fiance is now your wife.  It is still 100% wrong to badmouth the mother of your children.  The marriage is over.  Move on.
Logged
m_t
Moderator
Hero Member
*****
Posts: 13773


WWW
« Reply #11 on: November 25, 2006, 09:17:19 AM »

Jade's right, dude. It is very harmful to kids when one parent talks badly about the other. They are half of her, and when you speak poorly of her, call her "it", call her "the evil one" - you are telling them that they are half an "it", they are half "evil". Regardless of what she's done, even to them, there will be a part of them that loves her. And when you speak poorly, it will affect them in a negative manner.

Love your children more than you hate your ex.
Logged

Fuck Cancer

"Women are angels. When someone breaks our wings, we simply continue to fly. On a broomstick. We are flexible."

Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khale
Pages: [1] Print 
« previous next »
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.15 | SMF © 2011, Simple Machines Valid XHTML 1.0! Valid CSS!