Need a New Judge

[catlove165]

My husband has been laid off since 04/2004. He filed a petition for a reduction in child support from a previous relationship. He was granted the reduction, but told to come back to court another day which he did. He was told then that another court date was issued to see how he job status was coming along because he did not have a job on that court date. The third court date-he had a job interview and show up to court late. He showed the court clerk evidence that he was on an interview. But the court clerk came back and told him that the Judge dismissed the case. Now his support payments went up to the regular rate to override the reduction. Can he appeal this? Will he get the same judge? He is still not working but continues his job hunt. Any advice?

 

[AngryMom]

My first question is:

Is he drawing unemployment benefits? If not, why not? And has he had ANY employment for the last year since the layoff? And again, if not, why not?

 

[catlove165]

This is for Angry Mom

His unemployment benefits already ran out. He doesn't have a new job because no one will hire him. He has been at the same company for 20 years doing the same thing. It's not like he is a young man with a lot of experience and education. Can you imagine an adult man in his 50s competing with you adults? He has already taken two civil service exams. He is not trying to get out of paying child support because he has been paying what he can. This situation is definitely different from yours. He paids a weekly child support and plus he gives his teenage son money everytime we see him-money for the movies and haircut when the son asks for it. Right now he just asking for a reduction not to stop the support.

 

[AngryMom]

Most likely

he would get the same judge, but that's not always a bad thing. Having the same judge means that there is a continuity in the case (familiarity if you will).

First, I'm not trying to be harsh when I say this, but your husband's priority should have been getting to court (he could have rescheduled the interview easier than rescheduling court, know what I mean--court is less forgiving and more is at stake).

He can refile for a downward modification. It has now been a year since "gainful" employment. You should now have one full year's worth of lowered income. If you have not already filed your income taxes (2004) DO SO NOW. Have them COMPLETED and in hand prior to filing for modification. If you file jointly, be sure to have your own W-2 available for the courts review to show what income is yours versus his so that your income is not included in the child support calculations.

No, there is no guarentees that he will get as deep a reduction as you may want, but if he shows up to court on time, has all his paperwork available and in order, it certainly would make it easier.

But until that time, I would strongly suggest that your husband swallow his pride and take a job, any job, even if it is beneath him, and doesn't pay his worth rather than NOT work at all, because a judge WILL not view not working very highly.

A judge will have much more sympathy for a displaced worker slinging burgers just to get by than than a displaced working holding out for a managers' position, if you know what I mean.

PLUS...if he does have a position that pays low...there will be pay stubs by which to set a new amount!!! AND...he can use his off days to interview for better jobs!

Good luck!

 

[catlove165]

Can somebody tell me the difference between a Notice of Motion and an Objection? My husband wants to make sure which one is the right one is file or does he have to file both. They mentioned both to him at the courts today but only gave him the notice to motion.