Our seperation/then divorce began in June 03. He took out a payday loan for $1200.00 in November 02, never told me about, I signed nothing. Court papers state I had no access to any financial docs, he is responsible for all bills that we knew about, ie. utilities, back rent, etc... His wages are garnished at 50% for back support amount of 25K. He told payday loan collection agency to take the money from me, gave them my unlisted number, etc. We adopted the kids, so no current support due.
What if I reduced the % of support down so that the collection agency can garnish his wages, then my lawyer could also garnish his wages for the legal fees he never paid, he owes $2500.00 to them. My current husband and I have already paid over $10,000 on bills that he was supposed to pay: medical, dental, schooling, etc. We don't want to pay another dime towards his debts.
If I reduce the %, can I then re-instate the 50% amount when these two judgements are paid in full, or will the judge/court system tell me it has to stay at the lower rate? He already says 50% is a hardship. He lives with his mom and pays no bills or food costs. Thanks.
Ohio "Step" Mom
05-14-2007, 11:42 AM
I wouldn't give him an inch and possibly jeopardize your ordered payments. Pretty much, I would say to him "Sucks to be you." and hang up the phone.
Zephyr
05-14-2007, 11:46 AM
yep- he may want to consider a second job
xena
05-14-2007, 06:15 PM
Our seperation/then divorce began in June 03. He took out a payday loan for $1200.00 in November 02, never told me about, I signed nothing. Court papers state I had no access to any financial docs, he is responsible for all bills that we knew about, ie. utilities, back rent, etc... His wages are garnished at 50% for back support amount of 25K. He told payday loan collection agency to take the money from me, gave them my unlisted number, etc. We adopted the kids, so no current support due.
What if I reduced the % of support down so that the collection agency can garnish his wages, then my lawyer could also garnish his wages for the legal fees he never paid, he owes $2500.00 to them. My current husband and I have already paid over $10,000 on bills that he was supposed to pay: medical, dental, schooling, etc. We don't want to pay another dime towards his debts.
If I reduce the %, can I then re-instate the 50% amount when these two judgements are paid in full, or will the judge/court system tell me it has to stay at the lower rate? He already says 50% is a hardship. He lives with his mom and pays no bills or food costs. Thanks.
No matter what you do, the maximum amount that you'll recieve will be the 50% of his wages. I don't see where it makes any difference if it's credited to arrears or something else. If he's been court ordered to pay all those other things, they'll be paid after the arrears are all paid. It sounds like you're going to be getting 50% of his wages for many many years to come no matter what.
Honners
05-16-2007, 08:43 AM
I changed my home phone number, and I talked to my support worker, who said it would be almost impossible to raise it back up again in two years, so I am writing a letter to the collection agency. I re-read the divorce papers, there is a hold harmless clause that I am quoting, and I told them if they continued to harrass me I would take both him and them to court. In the interim, I am filing court papers requesting 12% interest on the arrears support and requesting a judgment be added for medical bills that he was to cover. By the time the court date rolls around, it may just be one more document to show to the judge. I guess the bigger picture is - how do I get him to stop harrassing me? In the past three years, he has put nails in my driveway, broken out our window, threatened me with contempt charges, set a collection agency after me, broken his restraining order by leaving notes in my mailbox, driven by the house and yelled at the kids, and sent his friends over to steal from our garage sale. Do I have to move?
Ohio "Step" Mom
05-16-2007, 09:16 AM
Make a report every time and if he continues, seek a restraining order. He'll either get the hint to leave you alone or he will have roommates in orange jumpsuits that will show him what it's like to be harassed.
Honners
05-16-2007, 12:21 PM
Thank you! - I get sooo tired of still having to fight him, but I also know that if I don't he just steps up the battle.
ps - you have a great sense of humor!
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