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Just Isn't Fair

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  • Just Isn't Fair

    I have paid over $12,000 in legal fees and I feel like I am back to square one! My ex-wife and I had an agreement in our divorce which states I am only obligated to pay her 25% of my income if I am unemployed. I had been doing so up until earlier this year when she took me back to court for more money claiming I was not paying her anything. Now, not only am I injured due to a life threatening work related injury, but I have joint custody of our two children and also help support two other children with my current wife. Still, my ex-wife wants more money!!!. I am still unemployed, no, let me rephrase that, I am still disabled and unable to work. Therefore, I am unable to give her more than 25% of what I get from workers compensation and according to our divorce agreement, I am to continue payments of 25% until I return to work. Yet, the Yonkers Family Court System mandated me to pay her 65% of my income and already started garnishing my wages from workers comp, even though I am unable to work due to my injuries and I have two other children under the age of two. At this point I do not know what to do. I haven't seen my girls in over a month and my wife and I can barely support our children and ourselves. I used to see my girls every other weekend and our divorce agreement states I have visitation throughout the week also, but because of the price of gas and my geographical location as opposed to that of my ex-wife, I can't afford to see them during the week. Now I can't afford to see them at all and I miss them dearly! What do I do?

  • #2
    Originally posted by [email protected] View Post
    I have paid over $12,000 in legal fees and I feel like I am back to square one! My ex-wife and I had an agreement in our divorce which states I am only obligated to pay her 25% of my income if I am unemployed. I had been doing so up until earlier this year when she took me back to court for more money claiming I was not paying her anything. Now, not only am I injured due to a life threatening work related injury, but I have joint custody of our two children and also help support two other children with my current wife. Still, my ex-wife wants more money!!!. I am still unemployed, no, let me rephrase that, I am still disabled and unable to work. Therefore, I am unable to give her more than 25% of what I get from workers compensation and according to our divorce agreement, I am to continue payments of 25% until I return to work. Yet, the Yonkers Family Court System mandated me to pay her 65% of my income and already started garnishing my wages from workers comp, even though I am unable to work due to my injuries and I have two other children under the age of two. At this point I do not know what to do. I haven't seen my girls in over a month and my wife and I can barely support our children and ourselves. I used to see my girls every other weekend and our divorce agreement states I have visitation throughout the week also, but because of the price of gas and my geographical location as opposed to that of my ex-wife, I can't afford to see them during the week. Now I can't afford to see them at all and I miss them dearly! What do I do?
    Are you in arrears?

    Because you have a second family to support, federal law limits the amount that can be garnished to 50% of net, or 55% of net if arrears are owed that are greater than 12 weeks.

    Go to http://www4.law.cornell.edu/uscode/#TITLES and print out the Consumer Credit Protection Act in Title 15 chapter 41. Take that to the CSE and let them know that they are garnishing too much according to Federal Law.

    You might also want to consider filing for a modification of the CS order. It's possible to have the support modified temporarily until you are back on your feet.
    Last edited by xena; 10-06-2008, 05:13 PM.

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    • #3
      Just isn't Fair

      Thanks for the advice about supporting a family and the limits as to what they can garnish. Yes, according to the courts I am in arrears, but I thought you remain in arrears until you return to work. Also, I did file for a modification, but I was told that they can only go as far back as the date of the modification. However, they are making me pay arrears from the date of my injury 'till the present date. Totally disregarding the fact that I am disabled and have not been able to return to work. Are there any repercussions for his Judge who disregarded my two other children and my disabilities?

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      • #4
        Originally posted by [email protected] View Post
        Thanks for the advice about supporting a family and the limits as to what they can garnish. Yes, according to the courts I am in arrears, but I thought you remain in arrears until you return to work. Also, I did file for a modification, but I was told that they can only go as far back as the date of the modification. However, they are making me pay arrears from the date of my injury 'till the present date. Totally disregarding the fact that I am disabled and have not been able to return to work. Are there any repercussions for his Judge who disregarded my two other children and my disabilities?
        Have you filed a motion for reconsideration, or an appeal?

        If not, check into that, as long as you are within the time limit for filing.

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        • #5
          Just Isn't Fair

          Actually I am scheduled to return to court on Oct. 22 for failing to pay for camp fees which she decided to enroll my girls on her own without conferring with me as per our divorce agreement. After that date, I'll weigh my options but I feel like I am being railroaded and because they are garnishing so much from my check, I have not been able to my girls in almost two months!

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