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DH lost job with high amount of child support due

CaliforniaSM's picture

As I've posted before my DH had made quite a but of money last year (he's a welder in the oilfields) so money was well to say the least when BM took him back to court for more custody/support after a failed request for child support modification. Since the oil industry has been non-existent here my husband has got to work once in about three weeks. He's filed for unemployment while looking for other work, we're losing the house one of our vehicles, pretty much starting over at my in laws house next month. His child support is 950$ a month for SD5 we have her every Wed. And every other weekend Friday thru Monday. Even though when we file his taxes he'll have made over 100,000$ he is currently not making anything and BM now has 3 jobs where as she wasn't working when she filed in March. I've looked up the modification and they still go off of taxes too so would we have any shot to get DHs CS lowered? Thanks in advance this isn't idle obviously especially while being pregnant. We were trying to wait until next year after the baby got here.

Calypso1977's picture

not sure how your state works, but he should be able to file some sort of emergency modification and provide copies of all his paystubs.

CaliforniaSM's picture

Thank you I contacted our family law facilitator here and looking into it. I was just worried because on the modification request they will ask for tax returns. Although it says to file an adjustment if job change has occurred

CaliforniaSM's picture

That's how DHs line of work is. Pretty much feast or famine and it was great for 4 years now it is non existent with the oil industry collapsing. And during those 4 years CS was 450$ a month, BM only true to get more custody/support after she found out we had gotten married. Thank you!

CaliforniaSM's picture

We were 'advised' to wait until his unemployment went thru to provide that to the courts, but they are taking their sweet time delivering that. When BM filed she was living with her father. She is now living in her own apartment with new boyfriend. I've already applied for food stamps and WIC, my pride is completely humbled at this point. We clearly can't wait for unemployment to get here I'm a damn hysterical mess trying to make sure I don't miscarry my first child. I'm not saying all of this to try and receive pity I just really have no where else to go where somebody would understand. There's some jobs out of state available out of town and even out of state but in order to work there DH would have yet another struggle going through court again trying to arrange new orders for custody. When it rains it sure pours.

CaliforniaSM's picture

Thank you for all your advice. He is currently looking for a job were he will e taking a pay cut but receiving a salary. We are going down to CS office to aware them on the situation. I am on a pretty good talking basis with BM about SD5 and things but she is very vindictive and has not moved on from DH, if I let her know about modifying she'll turn around for another custody battle. His CS was coming out of his pay checks for she is up to date currently until next payment. Last time she caught wind of DH going for more custody then she filed for more CS and that got denied and once we got married in March she filed for more custody.

CaliforniaSM's picture

Just left child support office. They are temp. freezing CS until DH gets unemployment of no back pay will add up. She also filed for modification we should receive the necessary papers by Friday. If anyone could just please keep me on your thoughts is very much appreciate it.

hereiam's picture

That's a good start.

I know that the CS office/people can be a pain in the ass but I found that they are not so bad with men who pay, pay on time, and are willing to communicate respectfully.

My husband was always polite with them (and humble) and they could look up his history and see that he was not a deadbeat. They were not as rude to him as I have heard of them being to others and they were quite helpful.

Fingers crossed that all goes well.

onthefence2's picture

Hold on a sec... he made $100,000 last year and had 4 good years of income in an industry you admit is feast or famine? And he has lost the house... something doesn't make sense here. THIS is why judges force Dads to pay child support anyway because when times were good they squandered it all. I make a fraction of that and support two kids as well. And when exh loses a job he doesn't have to worry about ANYTHING even though he had been making 4 times my income. It's bs. I have no sympathy.

CaliforniaSM's picture

Good income being 30,000/40,000 he wasn't consistently making over 100,000 that's what was made last year since DH joined a starter company and was hired at a higher position. Technically he made about 60,000 he just receives a 1099 for his welding truck/supplies that goes right back into the truck/materials/fuels for work they count in CS for total income but DH does not take that money home. We are not the only people in our position which is why I for need sympathy. Over 3/4 people in our town have lost employment, homes, cars. Etc. it's not just our family. I will rise above the struggle and pray everyone else does too. I was asking before sending for a modification if anyone's done something similar with a high income that suddenly crashed. Welding is feast or famine as is mostly everything else in oil here.