PDA

View Full Version : why can't I get the kids money West Virginia


upsetnwv
05-05-2007, 04:29 PM
My ex-husband is having more money taken out of his pay checks and put into his taxes and 401-k to keep me from getting the complete alamony and child support the court ordered for me to recieve. I have had attorney's tell me that this is legal. Although when he was beating me and my oldest son the law said to leave and the legal system would protect us and make sure we got what we are deserved to recieve. If the law was on the side of the abused why after the divorce is final does it turn it's back on the abused and help the ones that done the abusing. He makes a well above average salary and can afford to pay what was set to be paid by the judge. Please help me find out some information on this and how to change things. I really need help.

Baystategirl
05-05-2007, 05:07 PM
My ex-husband is having more money taken out of his pay checks and put into his taxes and 401-k to keep me from getting the complete alamony and child support the court ordered for me to recieve. I have had attorney's tell me that this is legal. Although when he was beating me and my oldest son the law said to leave and the legal system would protect us and make sure we got what we are deserved to recieve. If the law was on the side of the abused why after the divorce is final does it turn it's back on the abused and help the ones that done the abusing. He makes a well above average salary and can afford to pay what was set to be paid by the judge. Please help me find out some information on this and how to change things. I really need help.

If he is not paying the full amount of the COURT ordered support you can file a contempt motion...How much in arrears is he?

upsetnwv
05-05-2007, 05:17 PM
He is in arrears for the alamony and child support in the amount of 12,360.00. To beat it all he just bought a brand new 2007 vehicle.

Baystategirl
05-05-2007, 05:21 PM
He is in arrears for the alamony and child support in the amount of 12,360.00. To beat it all he just bought a brand new 2007 vehicle.

So...Have you filed contempt with the courts?

upsetnwv
05-05-2007, 05:29 PM
Yes, and my attorney is going to try and have his new car sold since he already has another vehicle.

Baystategirl
05-05-2007, 05:38 PM
Yes, and my attorney is going to try and have his new car sold since he already has another vehicle.

I doubt that will happen...although the Judge may make him come up with a portion of the arrears or go to jail...

upsetnwv
05-05-2007, 05:47 PM
Yes, I know. What I don't understand is how the law allows the people that is to pay support to do these things to get out of paying just to make it harder on the person that is to recieve the support.

Baystategirl
05-05-2007, 06:08 PM
Yes, I know. What I don't understand is how the law allows the people that is to pay support to do these things to get out of paying just to make it harder on the person that is to recieve the support.

It doesn't...But to enforce your order, you need to file contempt! After the Judge gets sick of his evasion he will lock him up till a purge is paid.

Zephyr
05-05-2007, 07:44 PM
the thing you need to understand is- there is no little contempt fairy floating around on gossamer wings making sure everyone is following their court order- it is up to you to bring it to the attention of the courts- repeatedly if necessary

Baystategirl
05-05-2007, 08:54 PM
the thing you need to understand is- there is no little contempt fairy floating around on gossamer wings making sure everyone is following their court order- it is up to you to bring it to the attention of the courts- repeatedly if necessary

There isn't?????????????????:eek: :( You have disillusioned me this evening...I am now sad.....sigh.....no fairy.....:p

turbowray
05-06-2007, 01:28 AM
Tee hee, you guys are so funny! I wonder if a judge can garnish his 401k? I am not sure of the laws there, but it is my impression, that if he chose to raise the amount taken out, that the judge may be able to stop him from doing so, or as you guys said, put him in a position to cash out on some of it, to catch up and avoid jail! I do know one thing for sure, when people lie about what kind of money they have to avoid paying child support, you can guarantee, they are NOT going to lie on a loan application for a new vehicle, because the more they can claim they make, the better the chance they will get the loan approved. I wonder if they can get a copy of that loan application, and maybe even get the C.S support amount modified, so the poster gets even MORE money from this dead beat!! That would really bite him lol!

Zephyr
05-06-2007, 07:58 AM
yep- I always think it's a good idea to try to get loan paperwork for just the reason you stated- that is where they want to show themselves making the most money....how they reconcile the income on the loan app and the income they indicate on cs paperwork will be very interesting for a judge to hear- and it also totally undermines their credibility.....

upsetnwv
05-06-2007, 08:14 AM
I had already thought about using his paper work from where he bought his new vehicle, but how do I get a copy of that information? He also gets quarterly bonuses of 15,000 to 30,000 dollars and that does not go on his paycheck either. My attorney is going to have this included and see what comes of it. Thank you all for the information you are giving me.

Baystategirl
05-06-2007, 08:34 AM
I had already thought about using his paper work from where he bought his new vehicle, but how do I get a copy of that information? He also gets quarterly bonuses of 15,000 to 30,000 dollars and that does not go on his paycheck either. My attorney is going to have this included and see what comes of it. Thank you all for the information you are giving me.

YOU don't get a copy. Your attorney would subpoena all relevant paperwork. Thats why he earns the big bucks!!;)

turbowray
05-06-2007, 09:12 AM
YOU don't get a copy. Your attorney would subpoena all relevant paperwork. Thats why he earns the big bucks!!;)

Very well said Baystategirl!;) :p Good luck poster, keep us posted on this!

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements