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The "system" is whack

minerva385's picture

Hubby and I filed to have his child support lowered while he is in school. He is not working because he wants to focus all of his attention on school so that he can do well. I completely understand this, as I went to school full-time and worked full-time and it was HELL. My grades suffered and my education suffered. If I had it to do over again, I would not have worked so much.

He also does construction, which in our area has been hit very very hard by the economy. Where there used to be a plethora of construction jobs, there are now none. I am supporting our household on just my income. It is extremely hard and extremely stressful. The majority of my paycheck every month (I'm only paid once a month and don't make much) goes to my bills; student loan payments, car payments, cell phone, rent, food, and his child support. We do not in anyway live above our means. The most outlandish thing we have is our cell phones, but even that is the most basic plan that we can afford without going over the minutes. We don't have a home phone.

This will be the second time that we have attempted to have his support lowered. He has been out of work for about a year and they refused to lower it previously. I don't have many high hopes for this time either, which is complete CRAP in my opinion. BM does nothing all day long. She has never held a job for longer than a month or two (something always comes up so that she has to quit). She lives off of the state. She gets LEAP, food stamps, TANF, WIC, and whatever other public assistance program they offer I'm sure. She is worthless. She keeps popping out kids that she can't take care of and continues to rely on others to pay for them. She started having kids when she was 15. FIFTEEN! She had two before she was even an adult!!! It is just so frustrating. The "system" seems like it is only geared towards getting the Biological Mom anything and everything they want. I WISH WISH WISH that they could or would go out to her house. See the giant flat screen TV that she has, the Wii, the brand new washer/dryer she just bought and then try to rationalize why she needs to amount of child support she gets AND all of the public assistance she is getting. What a bunch of baloney!

I originally took over Hubby's payments when he lost his job because I felt bad for SD. I felt bad for BM. Then I found out I was being manipulated. I kept paying because I didn't want Hubby to get behind in his support. But now, I don't want to pay it and I don't think I'm going to! I realize it does nothing for anyone, except for me. But you know what...I don't care! With that extra income I would not have to stress so much about trying to make ends meet. Less Stress=Happier Me!!!

Comments

Thetis's picture

Wow, can you guys file for undue hardship? You should not be responsible for his payments. However, since you decided to be, they may hold you to it. Good luck girl. That situation sucks. I understand, Bm in our case can't support herself even with all the money she gets. She lives with her parents again after her last ex booted her out when she quit her job. But does the court care... NOPE!

minerva385's picture

Thetis-I'm not sure what undue hardship is in regards to child support...I will ask his case worker person. Not that that really gets us anywhere because I swear its like pulling teeth to get answers from that man!

libby's picture

Consult an attorney. DO NOT GO THROUGH THE STATE. THERE JOB IS TO PROTECT THE BM AND SAVE THE STATE MONEY! BM is on state aid already so more than likely the state is receiving a cut.

I can not stress enough Consult an attorney File a motion to abate. Judges all over the country are seeing this with the current economic "challenges"

Most attorney have a free consultation!

Do not mention anything about school! Just the fact he is out of work has depleted his saving (this is how he has been able to pay the support) And currently has no means to pay support!

I know the Law on support - I am begging you do not go through the state - no mater what they say they are never working in the best interest of the NCP

Thetis's picture

In Canada, if a situation arises where paying child support will cause the NCP to lose their home, or such, then the CS is re-evaluated or paused. At least thats how I understand what I read. I'm sure you guys have something like it? It wouldn't make sense to have the NCP lose their home and have to live off the country (welfare ect) just to pay for a child. Each parent is responsible for the childs well being not just the NCP.

libby's picture

Dont go in asking about school, it will only be shot down. Courts eyes Children come first he needs to support them like any single mother not receiving support.

You need to go in with an attorney and file the motion to abate child support. Your husband is out of work and has no income. Use the child support you are paying to pay for the attorney.

It is not your job to pay his support, I understand why you are doing it but I would never

minerva385's picture

In our state when you request to have child support order modified, there is a form. On the form you can select whether you are a full-time student, incarcerated, or whatever and have to attach proof of these circumstances. If they don't take it into consideration then why put it in their? To be the portrayer of false hopes? I would not doubt it! Blum 3

What does it mean to abate child support? Is this common? I have never heard that phrase before but then again, I am kind of 'green' to this whole world of Child Support lol. I joke with Hubby, telling him that if we ever divorce his ass is grass 'cuz I'm boning up on how everything works now lol.

libby's picture

To do away with

We have filed and have been granted this twice! Because my DH is and has never been in the arrears its not hard to have it granted. They judge may give him a certain time to find a job to reset childsupport in 6 weeks so he may wanna look at Mcdonalds or a less stressful job so he may attend school and manager to pay support.

School needs to be yours and DH secret

minerva385's picture

Thank you for your info and the heads up, Libby. I had no idea and all this BS just proves even more to me that the system is not right and needs to be revamped. Does it not make sense that going to school and getting a degree is a GOOD thing in the long run. If Hubby goes to school, it eventually leads to a better job and more earning potential, which eventually leads to the whore of a BM getting more money in support and maybe, although incredibly doubtful, getting her lazy butt of public assistance!

ugh...

But really, thank you again Smile

missangie1978's picture

Exactly as Libby said don't go in with the school info, just state that DH is out of work and child support should be lowered.

If you go with the fact that DH is not working to go to school they will say that is not considered hardship because it was a choice he made.

minerva385's picture

He was out of work looong before he decided to go back to school. When he first lost his job they wouldn't reduce the support order then either. He decided last fall that since he wasn't working and couldn't find a job, that maybe he should do something good with his time and go to school. We are *hoping* they'll reduce it, but since I personally think the system is whack, I don't have much hope....

Snowflake's picture

I completley agree with the other posters. Don't go in with the school info. They will def see that as a choice he has made instead of looking for another job, any job to pay for BM and her CS. I would just say that he is looking for a job still, but hasn't been able to find one.

minerva385's picture

man...all these horror stories with Child Support. Why do we even try?

PS Crayon...I like your fine print disclaimer Smile

herewegoagain's picture

Do NOT pay his child support if he's not working...too bad...the way the economy is nowadays, you can do some searches online about it and get help to get it lowered and at least keep him out of jail...You should NOT have to suffer because of his ex, child or even him...if he was still married to the ex, the child would have nothing anyway...you are not causing this...

Good luck to you...I'm telling you because I spent all my savings bailing out DH so that he wouldn't end up in jail, so that the ex would stop the harrasment, etc...and you know, right now we have 35USD in our bank account...that is IT! Yes, 35USD until payday on Monday the 15th...and there are 3 of us here...incl. a child who has yet to start his speech therapies...had I not spent all that money on his f#$%$ ex and daughter, we wouldn't be in this mess today...so DON'T do it...keep YOUR MONEY...it is for YOU and your DH to live, if that is what you wish...