my husband is paying child support for 3 children. 2 children are with one mom and 1 child with another mom. he has been trying to get visitation with the 2 boys for over 6 years and she keeps getting away with my husband not being able to see them. whats even worse is that he had a job about 6 years ago making more money than he is now. he was only working there for 3 weeks when he got fired due to an injury at work. and child support refuses to modify the child support. we have motioned the courts 57 different times for a modification.
they told my husband that either he had to go get a different job or to do a job search for a better job. he did a job search and did not find any job to make more money than his current job that he would be qualified for. they told him if he filed for disability that they would then modify his support. so he quit his job fild for disability and got denied 2 times. he got irritated and went back to work. now they put the old order back into place. anyone with any advise please help.

my husband is paying child support for 3 children. 2 children are with one mom and 1 child with another mom. he has been trying to get visitation with the 2 boys for over 6 years and she keeps getting away with my husband not being able to see them. whats even worse is that he had a job about 6 years ago making more money than he is now. he was only working there for 3 weeks when he got fired due to an injury at work. and child support refuses to modify the child support. we have motioned the courts 57 different times for a modification.
they told my husband that either he had to go get a different job or to do a job search for a better job. he did a job search and did not find any job to make more money than his current job that he would be qualified for. they told him if he filed for disability that they would then modify his support. so he quit his job fild for disability and got denied 2 times. he got irritated and went back to work. now they put the old order back into place. anyone with any advise please help.

First the visitation problem:
Is there a court order allowing visitation?
If there is he needs to file a contempt motion.
If there isn't a visitation order he needs to file for one ASAP.

The CS problem:
Did he have proof (medical documentation) that he was injured and fired for that reason? If he did, the court should have allowed at least a temporary modification.

Unfortunately, he messed up when he filed for disability, now that he's returned to work there's no way they will ever believe he's disabled.

You said that when he returned to work "they put the old order back into place". Does that mean that the order had been temporarily modified or abated while he applied for disabiltity?

I'm sorry, I don't quite understand what happened, but he's probably going to need to get a consult with an attorney to get this straightened out. Either some people have messed up alot, or something is being left out because an injury and "57" attempts to modify should have resulted in some kind of modification.

First the visitation problem:
Is there a court order allowing visitation?
If there is he needs to file a contempt motion.
If there isn't a visitation order he needs to file for one ASAP.

The CS problem:
Did he have proof (medical documentation) that he was injured and fired for that reason? If he did, the court should have allowed at least a temporary modification.

Unfortunately, he messed up when he filed for disability, now that he's returned to work there's no way they will ever believe he's disabled.

You said that when he returned to work "they put the old order back into place". Does that mean that the order had been temporarily modified or abated while he applied for disabiltity?

I'm sorry, I don't quite understand what happened, but he's probably going to need to get a consult with an attorney to get this straightened out. Either some people have messed up alot, or something is being left out because an injury and "57" attempts to modify should have resulted in some kind of modification.

yes there is a visitation order. it says what both parties agree on. and that there has to be supervision with the father and children because of the time frame that children do not know him. the court wants him to pay 200 for 2 hours of supervised visitation and drive 3 hours for the visistation. that is just not acceptable as far as financial means.

yes he had documentation that he was injured. i guess here is the twist when he lost his job he was on probation. his probation officer came into court and stated it was his own fault for losing his job because he did not have transportation to and from work. and they put him in jail for it. so to break it down the job said he called in to many times for the injury. i am not sure if this makes a difference but after he got released to return to work he got sick with the flu. so i guess thats where the call ins thing came from. now child support said it was his own fault he got sick and lost his job.

now when he applied for disabilty his mental doc told him that he did not want him working that he considered him temp disabled and that he wanted him to get his medications straightned out. his doc then told him that now with the meds being slightly ajusted every now and then is ok and that he could return to a full daytime position. and that he is still restricted that he can not work night shifts

we have been doing our best to try and work with these ppl but seem to be getting no where. with as much as the back child support continues to accrue. they do not want to try and get this fixed so that current support is getting paid and the arrears are starting to come down. he will never in his lifetime be able to catch up on his arrears as it stands right now he is more than 50 thousand behind.

and i do understand ppl that cant afford kids shouldnt have them but it happens and ppl make mistakes.

now the other thing is if we go to an attourney how do i find one that is going to help and is worth the money. we had been thinking about finding an attourney but not quite sure how to go about finding the right one for us

yes there is a visitation order. it says what both parties agree on. and that there has to be supervision with the father and children because of the time frame that children do not know him. the court wants him to pay 200 for 2 hours of supervised visitation and drive 3 hours for the visistation. that is just not acceptable as far as financial means.

yes he had documentation that he was injured. i guess here is the twist when he lost his job he was on probation. his probation officer came into court and stated it was his own fault for losing his job because he did not have transportation to and from work. and they put him in jail for it. so to break it down the job said he called in to many times for the injury. i am not sure if this makes a difference but after he got released to return to work he got sick with the flu. so i guess thats where the call ins thing came from. now child support said it was his own fault he got sick and lost his job.

now when he applied for disabilty his mental doc told him that he did not want him working that he considered him temp disabled and that he wanted him to get his medications straightned out. his doc then told him that now with the meds being slightly ajusted every now and then is ok and that he could return to a full daytime position. and that he is still restricted that he can not work night shifts

we have been doing our best to try and work with these ppl but seem to be getting no where. with as much as the back child support continues to accrue. they do not want to try and get this fixed so that current support is getting paid and the arrears are starting to come down. he will never in his lifetime be able to catch up on his arrears as it stands right now he is more than 50 thousand behind.

and i do understand ppl that cant afford kids shouldnt have them but it happens and ppl make mistakes.

Unfortunately he has made ALOT of mistakes. The only way to correct them now is to go ahead and file for a modification- BUT being completely honest with the court, and basically throwing himself on the mercy of the court. I'm sorry, but the reality is that someone who is over $50 THOUSAND in arrears has NOT paid for a LONG TIME. He can admit that he's made mistakes, explain to the court that he wants to pay, but needs the court's help in doing the right thing. He can ask the court to set an on-going amount based on the guidelines and his proveable income at this time. And he MUST be willing to pay extra every week toward the arrears. It will help if HE brings up the subject of tax refund intercepts, and ASKS the court to order tax intercepts.
Basically he needs to go into court and prove that he's changed and that he regrets the past and will do everything in his power to pay CS and arrears from now on- NO MATTER WHAT.

From what you posted, the court had ordered supervision only as a way for father and children to have time to get to know each other- the question is, did he EVER take advantage of that right? If he has, has he kept in contact with the kids by phone, emails or letters during the times he couldn't physically visit? IF he did and him and the kids have gotton to know each other, he can go into court to request that the supervision be removed.

You mentioned that his "mental doc" told him to not work- what is his mental illness or problem? Is it well documented, and does it actually prevent him from working, also, is it something that has to do with supervision being required for visitation?

All in all, he really needs an attorney, but in his situation, hiring an attorney isn't going to be easy, affordable and it can actually hurt him in court. (I know it stinks, but sadly one of the first things that gets mentioned in court is how can a NCP claim to be poor, but still be able to pay an attorney).
He can try to find a pro bono attorney, they are hard to find, but at least it's worth a try.

now when he applied for disabilty his mental doc told him that he did not want him working that he considered him temp disabled and that he wanted him to get his medications straightned out. his doc then told him that now with the meds being slightly ajusted every now and then is ok and that he could return to a full daytime position. and that he is still restricted that he can not work night shifts

This is the phrase that jumped out at me. Temporarily disabled is not the same thing as being classified as "disabled". That explains why he was turned down when he applied for disability.

Xena gave you the only advice that is feasible. He either begs for mercy and has a plan to present to the court that shows that he IS trying to get caught up and he plans on paying it all, or he continues to build up arrearages. As you know, that will cause even more legal problems. Good luck.

i get what you mean as far as throwing himself at the mercy of the court. the reason he is 50 thousand in arrears is 19 thousand in interest and the remainder is for all the other costs and child support for about 4 years that he spent in prison. he was in there for aggravated battery. but while he was in there the judge ordered that mom had to bring the kids for visitation. because it was not harmful towards the kids or her.
his mental doc said he has post traumatic stress combined with a manic O.D.D. disorder. i think i got it right. like i tell him i drove him nuts.
xena you had said something about the tax intercept. well here is the funny thing. i have been married to this man for almost 5 years too long. and every year they take my taxes. i have 2 children of my own that i came into the marriage with. so pretty much 5 thousand a year goes to child support. i know i can file the injured spouse thing but really i thought i was helping out my husband by getting the child support thing paid but it don't seem to be helping. one more thing is that the court stated that MY 2 kids are his biological children. when there is child support cases on my 2 kids. how can they say that.

i get what you mean as far as throwing himself at the mercy of the court. the reason he is 50 thousand in arrears is 19 thousand in interest and the remainder is for all the other costs and child support for about 4 years that he spent in prison. he was in there for aggravated battery. but while he was in there the judge ordered that mom had to bring the kids for visitation. because it was not harmful towards the kids or her.
his mental doc said he has post traumatic stress combined with a manic O.D.D. disorder. i think i got it right. like i tell him i drove him nuts.
xena you had said something about the tax intercept. well here is the funny thing. i have been married to this man for almost 5 years too long. and every year they take my taxes. i have 2 children of my own that i came into the marriage with. so pretty much 5 thousand a year goes to child support. i know i can file the injured spouse thing but really i thought i was helping out my husband by getting the child support thing paid but it don't seem to be helping. one more thing is that the court stated that MY 2 kids are his biological children. when there is child support cases on my 2 kids. how can they say that.

Please file for injured spouse from now on, YOUR kids deserve it. I fully understand why you wanted to help, but you have to take care of yourself and your kids first because the courts and laws don't give a dam about all of you. (sorry to be so blunt).

I'm confused about the last part of your post- are you saying that there is a CS case for your kids against thier father, and at the same time the court is also trying to charge your husband (step father) CS on the kids?

i totally understand about filing the injured spouse and that my kids deserve it. last year we filed the injured spouse and because i couldn't work for 8 months out of the year medical complications and a pregnancy im talking about 2005 going into 2006. we had almost 6400 coming back in total taxes. i was excited figuring i would get at least half i mean they are my kids for the EIC i saw 1256 i was more irritated about getting the money than if i wouldn't have gotten it at all.
the child support agency was continuing to ask him why there was not a paternity case for my 2 kids. well one time while we were in court. this witch of a family court commissioner has absolutely no compassion or temperament of my husband because he owes so much. i told her those are my children not hers and to not flippin worry about them. i got hauled out of the court room almost in jail. and she still refers to my 2 as his. if she were smart enough she could do the math my daughter was born in 1999 and my son in 2000 for both the birth and conception my hubby was in prison and i didn't even know him then lol
but now with the continued stress of his child support and among other thing is i am filing for divorce. but its all for the better. i just wanted to see if i could help him with the child support thing before he got too frustrated and ended up in jail because he just gave up completely.

oh yeah one more thing. would it mean anything if the mother of the 2 boys makes 3 times the amount that he makes. not saying that he shouldnt have to pay child support but maybe not near as much.