There’s a nice update in yesterday’s Montgomery Advertiser about the status of the proposed update of the Alabama Child Support Guidelines.
Last month the members of the Alabama Supreme Court Advisory Committee on Child Support Guidelines and Enforcement voted to take no action on a $20,000 study that recommended adjustments of the guidelines, deciding that the study wasn’t specific enough to Alabama. That means the proposal has now bounced back to the Supreme Court, which could (a) do nothing, (b) authorize a new (and undoubtedly more expensive) study, or (c) make a decision on the basis of available information. The gist of the story is that, so far, the Supreme Court is opting to do nothing.
In its report to the Supreme Court, the Advisory Committee suggested hiring the economics department of a college or university to compare the national economic data from the study with data specific to Alabama.
Had the study’s recommendations been accepted, the child support for one child whose parents earned a combined gross income of $34,000 per year would increase by 32%, from $414 to $547. For less wealthy parents, where the combined income was $12,600 per year, the support would have dropped by 28%, from $194 to $140 per month. Under the study’s recommendations, many more child support orders would rise than would drop.
YES ON THIS MATTER I SEE THAT I AM THE ONLY ONE TO SPEAK. I THINK THAT THE WAY THEY COMPUTE THIS CHILD SUPPORT IS CRAZY AND SET UP TO MAKE WHO EVER HAS TO PAY FAIL. AS A MATTER OF FACT I WAS JUST IN COURT ON FEB 11 2008. MY EX WANTS TO RAISE MY CHILD SUPPORT. YES LOW AND BEHOLD IT GOES UP TO 1000.00 DOLLARS A MONTH FOR TWO KIDS. HOW THEY GET THIS AMOUNT IS CRAZY. FIRST THEY TAKE YOUR GROSS INCOME. NOW LIKE IN MY CASE I WORK OVERTIME AT MY JOB EVERY CHANCE THAT I GET. WHEN THEY ADD THIS UP THOUGH IT GOES IN THERE TO. NOW WHAT HAPPENS WHEN THE OVERTIME STOPS. I THINK THAT IF YOU ARE PAID BY THE HOUR AND YOUR JOB IS SET FOR A CERTAIN AMOUNT OF HOURS THEN THAT IS ALL THEY SHOULD BE ABLE TO TAKE. NOT THE OVERTIME OR ANYTHING ELSE THAT YOU MAKE. IF THEY WANT THAT THEY SHOULD HAVE STAYED MARRIED TO YOU. AND THEN IF BOTH PEOPLE HAVE A JOB THEY ADD THE BOTH INCOMES TOGETHER AND THE PERSON WHO HAS TO PAY PAYS OFF THAT. WHY SHOULD WHO EVER HAVE TO PAY OFF THAT THAT IS MONEY THAT THEY DON’T MAKE THE OTHER PERSON DOES. IF ANYTHING IT SHOULD BE TAKEN OFF THE AMOUNT NOT ADDED TO IT. IT SEEMS LIKE ALABAMA REALLY JUST DOESN’T CARE ABOUT THE PERSONS WHO HAVE TO PAY CHILD SUPPORT. LOOK AT IT THIS WAY MOST OF THE TIME SOMEONE IS GRANTED TO SEE THE CHILDREN EVERY OTHER WEEKEND. WHAT GOOD IS THAT TO THE CHILDREN THEY SEE WHICH EVER ONE EVER OTHER WEEKEND. IT IS LIKE ONCE YOU GET A DIVORCE AND ARE ORDERED TO PAY CHILD SUPPORT YOUR PARENTAL RIGHTS ARE STRIPED FROM YOU AND YOU MIGHT NOT HAVE DONE ANYTHING WRONG. I THINK THIS SHOULD REALLY BE CHANGED. RIGHT ALONG WITH THE VISITATION OF THE CHILDREN WHEN THE TWO PARTIES GET DIVORCED.
My ex gets paid every 2 weeks. The child support is set up somehow based on set amount of $350 per month. This somehow makes it where I only get 11 checks a year (2006 I only received 10 checks). There are certain months every year that have an “extra payday” (as my ex used to call it) so there are 4 weeks a year that I do not receive childsupport. I am disabled, just had fusion (3rd back surgery at age 36, since 2003)and was just involved in an accident with a Semi truck ramming me off the road. I used the last of my savings to carry my ex back to court since he makes 2,707.00 a month, and I draw $704 a month ($350 a month child support for a 16 year old in 11th grade???? prom, graduation, class ring, sinor protriats,etc. I had to use the money I had saved up for my son a car (since I am disabled he needs it to get to school, the bus for his school does not come by our house, and for work) but I had to use this money to carry my ex back to court, since he was PLAINLY in contempt, and for modification (he has not showed for visitation in 2007 and only a handfull of times in 2006 making me the ONLY CARE TAKER OF OUR SON). My ex has insurance on the child, but I can not use it because it is a $30 copay, I can’t get my son’s ADD meds, or meds when he is sick, because the way his insurance is set up, I have to pay then turn it in, then they send a refund check (minus the copay) to my ex, which in return he keeps. there were over $600 dollars of the medical bills out of my pocket, not counting the ones that I didn’t pay that I still receive bills. I am to send the bills or receipts of something if I pay for it via certified mail, in return he is to pay within 30days of receipt. To help my ex with these extra expenses I had allowed him to claim the child on the taxes as long as he kept up his payments, or until I was able to file. I also received an order for him to pay me $1800 at $100 per month for 18 months, this was worded as alimony (but it was for the money I had received for selling my home I had owned previous to our marriage and had paid off many of his bills, and put into his home and landscape). I received,on June 15, 2007, an Order Setting Trial Date and Citation For Contempt and Notification of Rights, from my attorney. This stated my ex was cautioned he must apply for the appointment of an attorney to represent him at least 15 days of receving this order. Also in bold letters it states “NO CONTINUANCES WILL BE GRANTED DUE TO YOUR KNOWING FAILURE TO COMPLETE AND RETURN THE INDIGENCE QUESTIONAIRE WITHIN THE TIME FRAME.
It says THE PLAINFIFF’S (my ex) FAILURE TO APPEAR AT SAID HEARING WILL RESULT IN THE ISSUANCE OF AN ARREST WARRANT PURSUANT TO RULE 33 ALABAMA RULES OF CRIMINAL PROCEDURE, TO COMPEL THE PRESENCE OF THE ALLEGED CONTEMNOR. This says it was issued service of this Order and the Defendant’s petition upon the Plainfiff. DONE and ORDERED this the 12th day of June 2007, at the bottom it states something stamped about I herby (then you cant read some parts) and Copy of the (can’t read)
then states my attorney’s name & issued to plinfiff via S.O. on this the 14th day of June 2007 by (intial’s)J.W.
I do not know what this means. I receive a letter from my attorney on June 25th, 2007 stating the modification and attempt order is out for service, as of today we have not received notice the (ex) has been served.
He was in arrears of $1,400.00 for the alimony plus interest.
He was also in contempt for an outstanding bill of $530.36, he was order to pay in divorce (which he agreed to all these terms at last minute of our orginal divorce).
Also he was in arrears for over $600 in additional medical expenses for the child that had came out of my pocket.
On July 10, 2007 I received letter from attorney stating they had received notice that my ex was served the order and contempt on June 24th, 2007 and had until July 25th 2007 to file an answer to this petition, and a docket call on July 25th 2007 to set a trial date. Then I get an order resetting trial date, at the request of my ex’s attorney filed on July 27th, 2007 to weeks of Sept 17th & September 24th, A docket call will be held on Aug 22nd, 2007. I called my attorney to ask why was he given this extra time, since he did not answer within the entire MONTH they gave him. He said it was a “courtesy for the other attorney, since my ex didn’t hire him until the last day he was ordered to answer” then he made a statement that my ex’s attorney was a friend, which sounded a little strange, but I had already paid my attorney $1,750, so I could not afford to fire him and get another attorney at this point. He said he gave him 10days to answer. This was July 27th. I Call on 8/07/07 to ask about this new info I was given. 8/22/07 I am billed for an in court docket call, and was unaware that my attorney had requested a the above case to be continued from the Sept trial dates to October 15th and October 22nd (which is against our contract, he was to run everything by me). Then it states another docket call to be held on Sept 19th, 2007. This was orderd on August 29th. On my detailed bill it shows I called again on 9/10/07 to ask what was going on I had not received this order were my attorney had asked for the continuance. I was told my attorney was serving with the National Guard unit in Africa???? He never mentioned this to me. I pointed out to his legal assistant, that he had well over his 10days to answer, was he NOT in DEFAULT, she stated “let me check” and then said “yes it looks like it call the office on 10/09/07 to make an appointment to speak with my attorney that was when he would return. I was so upset!!!!! Why was MY attorney looking more like he was representing my ex, not me????? It also states on the bill that on 09/04/07 (docket call was on 08/22/07) that a letter was written Re: Answers Needed (also a letter on 8/07/07 A letter to My attorney’s “friend” Re: Representation, do I have a right to see these letter?? I asked for my file after everything was finally over and these letters are not in there). It also states on the bill that on 09/10/07 (after sending letter on sept 4th to my ex’x attorney stating answers needed) that they received my ex’s answers on the 10th of Sept. I add all this up and he is actually given 61 days to answer me from orginal time given on July 24th, not 10 days I was told by my attorney. I argued that I wanted him found in default but my attorney just outright refused to do this? I should have been refunded!!!!!! Finally I get a court date on Nov 20th 2007, My ex and his attorney do not show, we were at the court house waiting(my son and I, my son wanted to testify to the fact the father would not return his calls or show for visitation), my attorney comes out of the court room where he was with the judge, and said they called my ex’s attorney and he “forgot to write it in his books” (bill shows I was charged for docket call on 10/17/07 setting this court date, so he forgot in 3 days?????). My attorney said that they were going to give him another week, because he was a friend of his and it was unlike him to use dirty tatics, so he would not push, or ask for default, I told him I wanted to speak to the judge because I felt I was getting done wrong by my attorney and that he did not have my best intrest in mind, I also feel he was the one who allowed, even asked for the opposing counsole to not be held in default). In court he did not bring up major issues, along with documented proof, he said there was no need, even though it was vital to why my ex was supposedly in a bad finacial state, 2,707.00????? I live off of 704 a month! The judge found my ex NOT in contempt, yet stated that he owed me in arreage medical bills and the alimony??? Does that not contradict everything?? Then they said that I could not have the child dropped from his insurance even thought, this was a burden to me, since he would not pay, I could get medicade and not have to worry about, having to carry him to court, because he will not pay. I was also told by my attorney that my ex had settled one of the depts that morning with the dentist for the oustanding bill he had been ordered to pay in 2005, a month after court I find out he never paid this, I called my attorney to ask what proof had he seen that showed he had paid this? and what was he going to do to correct neglegent represtation he had given me, he said I could pay him MORE money and he would reopen my case, I am now going to turn all this evidence over to the state bar because I cannot get this horrible display of our Judical system.
My question is How is it that he was not in DEFAULT and why was he not found in contempt even though the judge admitts that he had not paid as ordered? And what can I do about all of this? I was not ordered my attorney’s fees nor the filing fee of $350.
We’d love to help, but not by reading such a long post. Please repost, boiling this down to 3-4 manageable sentences and a question. Thanks.
Sorry I misunderstood I thought this site was to help people who were not able to get help anywhere else. Sorry if my problem was “to long” for you to take the time to listen.
sounds like angel needs to sue the semi that “ran her off the road”. And it sounds like your husband has you by the balls, If all you say is going on then there’s not a whole lot any “legal” measures are gonna help.