Yesterday my wife received a motion for modification from the sheriff. she was the petitioner of the divorce decree. This is completely out of the blue. Her ex did not seek to resolve this in any way other than through this manner.
My wife has requested he agree to using M.A.R.C.H., a free, state-sponsored parental mediation program to see about coming to some kind of agreement. We put this request in writing and just mailed it to him via certified mail. We've set a 10 day window on a response from him, so we have time to secure an attorney just in case.
In the legal motion paperwork, it states the Respondant (ex-husband) experienced an involuntary reduction in income that would affect support by more than 20%. This is questionable. The man quit his job and started his own business. That doesn't sound involuntary to me.
Additionally, his family income is now more than it was previously at the time of the divorce. As proof, he has since bought a home, 2 new vehicles, done home remodeling, purchased an ATV, high-end Riding Lawn mower, brand new kitchen appliances, and several other major purchases.
During this same time, my wife and I have had a drastic reduction in income because I lost my job twice in the last 4 years and experienced about 8 months of unemployment. I am now making 39% less than I was. We have also had another child. He is now 2. I am currently working full time, she's working full time, I'm going to college full time as well and have those expenses.
What's further, is that the father has the right to 6 weeks of visitation during each summer. In both of the last 2 summers, he has declined this visitation. Due to this, we had to secure additional child care (which the father did not contribute to).
My wife and I have qualified for WIC program and other financial assistance programs. Yet, the motion states that my wife makes a "substantial and lucrative income" and therefore asks that WE pay for the cost of the Respondants (ex-husband) attorney fees in this matter.
There is much more that I am leaving out, but for brevity's sake, will add later if needed.
So... what's the deal. He lied in the motion that he signed about his "involuntary" reduction in pay... we're certainly NOT making a substantial or lucrative amount of money (as evidenced by the PayDay loans we currently have out and the state assistance granted)... what can we do?
<<<< Chord ===
My wife has requested he agree to using M.A.R.C.H., a free, state-sponsored parental mediation program to see about coming to some kind of agreement. We put this request in writing and just mailed it to him via certified mail. We've set a 10 day window on a response from him, so we have time to secure an attorney just in case.
In the legal motion paperwork, it states the Respondant (ex-husband) experienced an involuntary reduction in income that would affect support by more than 20%. This is questionable. The man quit his job and started his own business. That doesn't sound involuntary to me.
Additionally, his family income is now more than it was previously at the time of the divorce. As proof, he has since bought a home, 2 new vehicles, done home remodeling, purchased an ATV, high-end Riding Lawn mower, brand new kitchen appliances, and several other major purchases.
During this same time, my wife and I have had a drastic reduction in income because I lost my job twice in the last 4 years and experienced about 8 months of unemployment. I am now making 39% less than I was. We have also had another child. He is now 2. I am currently working full time, she's working full time, I'm going to college full time as well and have those expenses.
What's further, is that the father has the right to 6 weeks of visitation during each summer. In both of the last 2 summers, he has declined this visitation. Due to this, we had to secure additional child care (which the father did not contribute to).
My wife and I have qualified for WIC program and other financial assistance programs. Yet, the motion states that my wife makes a "substantial and lucrative income" and therefore asks that WE pay for the cost of the Respondants (ex-husband) attorney fees in this matter.
There is much more that I am leaving out, but for brevity's sake, will add later if needed.
So... what's the deal. He lied in the motion that he signed about his "involuntary" reduction in pay... we're certainly NOT making a substantial or lucrative amount of money (as evidenced by the PayDay loans we currently have out and the state assistance granted)... what can we do?
<<<< Chord ===
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