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1 posted on 08/17/2003 2:34:44 PM PDT by ImFightingMad
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To: ImFightingMad
Can't you simply go to a judge and show him your unemployement stub and ask him how you're supposed to live AND support kids? Should you starve? Should you live on the street to make sure they get money from you? Seriously, to expect child support payments while unemployed is absurd.
2 posted on 08/17/2003 2:38:00 PM PDT by nmh
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To: ImFightingMad

You should have kept your pants on.

3 posted on 08/17/2003 2:38:08 PM PDT by 4Liberty (>>> Collective Bargaining is for communists.... Privatize Calif. ! <<<<)
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To: ImFightingMad
File a pro se petition to modify your alimony and child support while you are unemployed
5 posted on 08/17/2003 2:40:20 PM PDT by lady lawyer
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To: ImFightingMad
When you became unemployed did you petition the court for a reduction in child support/alimony payments or did you just stop paying?
6 posted on 08/17/2003 2:41:53 PM PDT by LWalk18
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To: ImFightingMad
The court should modify your support obligations, if you make a showing that (a) you've become involuntarily unemployed, (b) don't have ready cash or other assets to pay the previously ordered, and (c) you're actively searching for a job at a level of compensation comparable to your prior position. Needless to say, you have to keep on searching, and you have to take the first comparably-compensating position you can get, and then resume payments at the prior level, and probably will need to pay arrears, as well.

The court will look very skeptically at you if you volutnarily quit, or you take a lower paying job and ask to have your support modified downward. Divorced men are, fairly or not, expected to maximize their earning potential. If you're in a career field which is permanently damaged by economic circumstance change, you'll probably need to show how you plan to get into a new field.

Your ex-wife is not permitted to abridge or impair your vistation rights on account of your economic hardship. You might wish to see if the hardship support modification can include a specific caution to her on that point.
7 posted on 08/17/2003 2:47:07 PM PDT by only1percent
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To: ImFightingMad
There is no doubt about what you say for men who made a commitment in marriage but find for whatever reason that the contract is breached. Problem is it is far worse for women without stringent laws to force fathers to work. In your case, the key is showing up. You gotta appear each time and throw yourself on the mercy of the court as you do here. The Judge will ream you if you don't appear. Just show up and plead it and ask for a reduction or stay until you can get on your feet. Not much else you can do. Just be glad you aren't an unemployed female saddled with several kids and no ex-husband to work to help.
8 posted on 08/17/2003 2:47:23 PM PDT by Liberals are Evil Socialists!
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To: ImFightingMad
I hope you are able to find work soon. In the mean time I hope you document what you're doing to look for work. I don't think the law was intended for men who want to support thier families but to punish those who abandon thier duties. I hope you find a judge who recognises your plight. Please don't get too discouraged. Never give up and you will get through this, I know it...
My thoughts and prayers are with you and your family...
Trease
9 posted on 08/17/2003 2:50:36 PM PDT by Treasa
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To: ImFightingMad
If your wife lost her job, she would still be responsible for her expenses without extra help from you. If you have to get three jobs at McDonalds, Home Depot, etc to meet your obligations, hop to it. You should only be expected to do what your ex is expected to do if she is in the same situation.
12 posted on 08/17/2003 2:52:11 PM PDT by bithey (get over it)
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To: ImFightingMad
I have met many men professional men, medical doctors, MBAs etc, who have gone on unemployment to not pay their child support...not alimony...child support. I know one man who is gearing his career back up because his younges will be eighteen next year. Mother worked two jobs to keep body and soul together for her children as they crashed from a 180K income to less than 15 over the course of a year.
24 posted on 08/17/2003 3:14:05 PM PDT by mlmr (Today is the first day of the rest of the pie.)
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To: ImFightingMad
Your plight is not uncommon and if you filed a motion to modify your child support and the Judge denied your motion, then you do have the option to appeal as a pro se litigant.

Lots of work but it can be done. Now if you argue Bill of Rights and such, it is sure to put the Judge in a prejudicial mindset.

If you argue past case decisions, usually that will work, but Judges like to have their judicial discretion.

As for equality, the noncustodial parent loses. If you voluntarily quit a job for a lesser paying job, you still can be held to the previous wage.

Now if the custodial parent decides to do the same, the State will say ok unless of course the custodial parent starts to get public assistance. And then grip and may even force the noncustodial parent to pick up the tab.

This line about get three jobs to make ends meet is B.S. given that your child/children would never get the visitation. It seems the comments to the like put money above the importance of the child seeing the other parent.
28 posted on 08/17/2003 3:16:36 PM PDT by loudmouths
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To: ImFightingMad
I'm laid off, divorced, and have two children living with me and have never received a frickin' dime of child support. Last I checked I'm owed near 30K. So quit whinging.


44 posted on 08/17/2003 3:38:19 PM PDT by Rightwing Conspiratr1
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To: ImFightingMad
Please Help!

Did you consider moving to another country? I am serious, some day you might return when this foolishness ends or you can negotiate from abroad or your children can visit you there when they grow up.

50 posted on 08/17/2003 3:43:13 PM PDT by A. Pole
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To: ImFightingMad
Life's a bitch . . .

Then you marry one.
55 posted on 08/17/2003 3:45:17 PM PDT by Petruchio (<===Looks Sexy in a flightsuit . . . Looks Silly in a french maid outfit)
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To: ImFightingMad
In all seriousness, this country has failed in providing a proper legal alternative for this situation. In short, you are living in a tyranical environment being promoted by the legal system (note: not Justice system, legal system.)

I would seriously suggest you emmigrate. Preferably to a country where when you get tired of your wife, you can get some nice livestock in exchange. I'm only half-joking here...

57 posted on 08/17/2003 3:47:00 PM PDT by Caipirabob (Democrats.. Socialists..Commies..Traitors...Who can tell the difference?)
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To: ImFightingMad
You seem like you may be clinically depressed (for good reason) and are about to do something desperate (like guaranteeing an arrest warrant by not appearing in court). Maybe you should seek psychological help from the state mental health authorities or somewhere. I don't have a lot of faith in psychologists, but perhaps you can get mental disabilty status or something. Tell them you're suicidal (which you've hinted at). Even if it doesn't help your case, it might help your troubled mind. I really don't know if this is a feasable suggestion, but it may be worth looking into. I hope things get better soon. Keep fighting. I've known a few people who've faced equally terrible times and have eventually found light at the end of tunnel. God bless.
112 posted on 08/17/2003 4:33:47 PM PDT by Welsh Rabbit
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To: ImFightingMad
If you were still married and the kids were still around, you wouldn't sit on your heiney for 26 weeks drawing insufficient income. You just want enough for your own needs, not your dependents. When the little hungry faces live across the state or country, it's so much easier to ignore them.
157 posted on 08/17/2003 5:20:55 PM PDT by frodolives (Moose bites can be pretti nasti)
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To: Z in Oregon
ping
175 posted on 08/17/2003 5:35:03 PM PDT by farmfriend ( Isaiah 55:10,11)
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To: ImFightingMad
Obviously, you people (the uninformed here) haven't heard
about the hunger strike (over a dozen, so far) that's
planned for September. ...or the plan to drop the vote.
Prepare yourselves for Hillary or start listening to us.
Regardless of the huge media campaigns by the likes of
Farrell, most of us are way conservative than you, with
or without you. Support fathers or lose family and
property.
http://mensnewsdaily.com
http://www.dadi.org
181 posted on 08/17/2003 5:38:28 PM PDT by familyop (Essayons.)
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To: ImFightingMad
.


Brother, you are not the only person that has faced this situation. IT's a problem that varies from state to state. I would strongly advise you to get counsel. Do not avoid or blow off any court dates or hearings. DO NOT try to defend yourself.

The upside is this is a civil matter, and non-payment will require a hearing that would alter your payments in accordance with state law to meet your current financial crisis. If the laws are too impossible to accomidate your situation, then move to a frendlier state and repeat the process.

What ever you do, do not represent yourself.

Do not blow off any court appearances, if you do then you will be in contempt and that would result in a criminal rather than civil hearing.

The good news is that with a proper attorney, you most likely will have your spouse pay allomony to YOU now. Because she will be the breadwinner.

This will only happen if you observe the proper procedure and have counsel. Judges are supposed to be fair, though they have to work within state legislative rules.



.
192 posted on 08/17/2003 5:53:01 PM PDT by vannrox (The Preamble to the Bill of Rights - without it, our Bill of Rights is meaningless!)
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To: ImFightingMad
Instead of griping about it, why don't you go to the courts, explain the situation and work out a payment plan until you are employed.

Those children are still your responsibility whether you are married or not.
300 posted on 08/17/2003 8:20:33 PM PDT by dixie sass (GOD bless America)
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