Where do I go from here?

[Niccison]

I received a letter in the mail on 3/29 that the state will be garnishing my wages for $1300 a month. That's Half of my take home..


In July 2004, I received documents from the X's lawyer requesting all my financial documentation for the past three years. My X wife told me she wanted at least a few hundred dollars more a month so I ignored the request. Obviously, that was my first mistake. On December 11th, I was served with new papers including interrogatories (about 57 questions worth). I went to court January 26th, unprepared because I was unaware that the papers needed to be turned in 4 business days before the hearing. The judge was not happy but he gave me an extension until Feb 16th. He also granted her $400 in attorney's fee's to be paid by me. This is in the state of Washington.

I am a race care Driver for the NASCAR AutoZone Northwest Elite Series. I race for my parents, the owners of the car, for free. I in no way receive any of the winnings. All winnings go to my parents for maintenance and racing costs. The judge at the 2/16 hearing did not believe that I would risk life and limb and expect no payment for my racing. I do it for the love of the sport, not the money. I had hired a lawyer, Paul Petry to represent me since I do not understand the laws and requirements in this situation. He did not turn in the documents in time for this hearing and the judge would not listen. The X was granted $910.96 a month plus the retro support from July 2004. $20,000 of racing income, that I do not recieve, was added into my income and that is how they came to this amount.

My lawyer said would would appeal this because we had financial proof that I do not receive any racing income. The lawyer stated to do so we would both (my parents and I) need to have our taxes reviewed by a certified CPA and submitted. My lawyer did so and when the courts reviewed it, they stated that they do not deny there is new evidence but since this has been going on so long that they were just going to leave the ruling as is.

Paul told me we had 10 business days to appeal this to take it to superior court and he would get all the documents rady. Those papers were due on 3/28 by noon. At 4pm I received a call from him stating he was unable to get all the papers done in time. I am now stuck with this support total based on an artificial income.

My X wife is getting remarried on April 9th and is currently pregnant. She also bought a new Yukon Denali about 3 weeks after she won the support adjustment. I am not sure if this makes a difference or not but I want to make sure I do not leave anything out. I am going to have to sell my truck and my 14' bass boat to not have those payments and be able to somewhat cover the new amount due.

She should not be able to include the racing income since I do not receive any of it and it is not claimed on my taxes. I am more then willing to pay the $672 that it should be based on the correct income amount, not the $910.96 plus the $3700 + in retro support.

Is there anything I can do legally to get this changed or am I stuck with this outrageous amount until the next time support is adjusted? PLEASE HELP! Thanks

[elklaw]

If you ae voluntarily underemployed (racing), the court can take that income that should be there into account. All that being said, you need to go get an attorney and file a petition for modification and to end alimony after her remarriage. You would seek to reopen the property settlement and seek to teminate it.