A rant about state government...

Cosmo420 · #1 11-10-2010, 12:58 PM

So, like many people, I'm divorced and paying child support. Also, like many people, I'm looking for work. I've been working the same place for 21 years, but that place is closing the end of this month. I've been looking for a job for most of the year, but haven't had any luck. 52 applications, no interviews. Luckily I have a friend who is going to let me work part time for him (but making a lot less hourly than I was).

In August I filed a "motion to review" to get them to look at my child support obligation, knowing that my financial situation was getting ready to change. They tell me it can take up to 6 months for them to review the case. So, now I find myself in the situation of going to a new job starting Monday, and the amount of child support I'm paying is more than I'll be making there. After numerous calls to the child support offices over the last month, and promises that I would be called back (and never actually got called back), today I'm told "it may still be up to 90 days before your case is reviewed".

It's not that I'm trying to get out of paying child support. I owe it, and I pay it. But, I can't pay more than I make.

Jonyak · #2 11-10-2010, 01:04 PM

um, how old are your "children".

Cosmo420 · #3 11-10-2010, 01:09 PM

Quote:

Originally Posted by Jonyak

um, how old are your "children".

8 and 12. Why does that matter?

Relic · #4 11-10-2010, 01:10 PM

That's ridiculous! (It 'aint no different here in Jersey though, it's not just VA)

I'm wondering if there's a way to expedite your request? There HAS to be. Financial situations can change overnight.

Relic · #5 11-10-2010, 01:11 PM

Quote:

Originally Posted by Cosmo420

8 and 12. Why does that matter?

I think he's curious about the age of "emancipation" when you may not have to pay any longer.

Jonyak · #6 11-10-2010, 01:19 PM

Quote:

Originally Posted by Cosmo420

8 and 12. Why does that matter?

I just wondered about age of emancipation.

I figured you being 52, your kids would be about 22 if you had them at 30, but you may have had them later as well, as it turns out you had.

either way that sucks man.

jp58 · #7 11-10-2010, 01:21 PM

That sounds like some suck man.

You should see if there is anyway to speed up the review, or if there are "speedy trial" clauses in you're state law sections. Sometimes things like that can make all of the difference.

Or you could talk to the mother and see if there is any way she would take less than you owe for a bit until you get back on your feets.

Cosmo420 · #8 11-10-2010, 01:22 PM

Quote:

Originally Posted by Jonyak

I just wondered about age of emancipation.

I figured you being 52, your kids would be about 22 if you had them at 30, but you may have had them later as well, as it turns out you had.

either way that sucks man.

I'm 37. Although, if you look at my hairline, you could easily mistake me for someone 30 years older...

Cosmo420 · #9 11-10-2010, 01:23 PM

Quote:

Originally Posted by jp58

That sounds like some suck man.

You should see if there is anyway to speed up the review, or if there are "speedy trial" clauses in you're state law sections. Sometimes things like that can make all of the difference.

Or you could talk to the mother and see if there is any way she would take less than you owe for a bit until you get back on your feets.

I've been talking to a couple lawyer friends. They have had a few suggestions, but so far no luck.

As for talking to her... you've obviously never met my ex-wife...

warwick.hoy · #10 11-10-2010, 01:25 PM

If it's anything like wage garnishment I think they can only take a certain percentage of your non exempt income. That said; I'm just taking a shot in the dark since I've never had kids (and don't ever intend to) or had to pay child support (and don't ever intend to).

Cosmo420 · #11 11-10-2010, 01:28 PM

Quote:

Originally Posted by warwick.hoy

If it's anything like wage garnishment I think they can only take a certain percentage of your non exempt income. That said; I'm just taking a shot in the dark since I've never had kids (and don't ever intend to) or had to pay child support (and don't ever intend to).

True, they can only withhold up to 60%. But, I'm still responsible for the total amount. That's just all the employer can legally hold back.

warwick.hoy · #12 11-10-2010, 01:36 PM

I see,...the court's order you to pay XXX.XX amount per month and the employer can withhold a certain amount and you have to come up with the other portion.

That said, I really don't see how they can really hold you accountable for the entire amount if it's more than your income.

Here is what you do,...start a grow-op and tell them you had to do it in order to pay child support. Do you think that would fly?

Cosmo420 · #13 11-10-2010, 01:45 PM

Yeah. I was reading on the form about my case and saw that they could only withhold 60% and got all excited. I thought "there's my solution". Come to find out that's not how it works.

I'm sure when and if they ever review my case they will lower the amount I pay. But, the problem is coming up with the extra money until then. I went earlier and filed an actual court date to have a judge review the case. I was told by a lawyer friend that it's usually quicker to do that. My court date is the last weekend of February...

warwick.hoy · #14 11-10-2010, 01:49 PM

I'm tellin you,...start a grow-op and when they bust you tell them you had no choice; you had child support to pay. Who would you rather lock up,...a basement gardener or a deadbeat dad?

Cosmo420 · #15 11-10-2010, 01:54 PM

Don't think it hasn't crossed my mind. I'm a glass blower, so a lot of my customers are in that line of work. Wouldn't take much to get started.

But, with my luck, I'd get busted within a week, and then still be held responsible for child support. Either that, or they'd figure my child support based on how much money I made doing that...

Jonyak · #16 11-10-2010, 03:22 PM

Quote:

Originally Posted by Cosmo420

I'm 37. Although, if you look at my hairline, you could easily mistake me for someone 30 years older...

sorry, I read 52 applications and for some reason my brain thought you were 52 years old...

so sorry.

L-A · #17 11-10-2010, 03:55 PM

Quote:

Originally Posted by Cosmo420

Don't think it hasn't crossed my mind. I'm a glass blower, so a lot of my customers are in that line of work. Wouldn't take much to get started.

Weren't you a graphic designer three weeks ago?

Simo98 · #18 11-10-2010, 04:35 PM

Quote:

Originally Posted by L-A

Weren't you a graphic designer three weeks ago?

A nice bong is nothing without some pretty graphics.

MatticusMania · #19 11-10-2010, 04:36 PM

Quote:

Originally Posted by Simo98

A nice bong is nothing without some pretty graphics.

Well it is still a bong.

**Staccato** · #20 11-10-2010, 04:37 PM

With the job status changing next week, see if you are permitted to file a 'second' motion for review, an EMERGENCY review, or AMENDMENT for the August review due to SPECIAL circumstances w/ a request for IMMEDIATE review date.

Do not settle for answers from anyone that thinks the procedure is this, or that. Find experts in your state that will listen, and tell you your options.