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XH says he is losing/lost his job...

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Mommato4 posted 7/30/2013 11:33 AM

Update: my lawyer emailed me this: It will affect the amount of support. Will have to see what happens and why.

Should I be waiting for what his lawyer sends to mine which they asked for a continuance for financials or request that he subpeona his payroll and tax records?
He sent me this email yesterday:

Head's up - it's confirmed; I'm losing my job. Not sure on the date, but at a minimum a reduction in salary, and lesser role. Worst case is it will be out the door.

Last week we had a hearing on Thursday regarding termination of alimony and CS modification. I filed both motions because alimony was to end as it was only for 5 years. This is the first CS modification filed.

He did get a lawyer and asked for a 21 day continuance for financials so Aug. 22 we have another hearing.

Previously when he received the letter from my lawyer he started emailing me and calling me upset. It's here:

I have a call into my lawyer but was wondering if any have dealt with this? How does this work in terms of changing CS since after my motion filed, he is asking for a financial continuance and allegedly losing his current position right now of all times? I find the timing odd. He says the company is going downhill fast. Out of curiosity, I looked at the company website and see they are going strong. They are a $100 million global company. They just rolled out a new product 3 weeks ago and 6 months ago opened up this huge testing facility next to the main headquarters. The company was rated #4 for most innovative company for the area it's located, which is a huge city in the Midwest last year.

Three months ago he bought a brand new Mercedes (I know he has payments). He came to visit the kids spring break here and my BIL and sis went to dinner( my BIL is still semi friends w/ him and my sis tags along. I really don't care that they do this) and he told them that he was possibly going to be managing the Asian market area or something along those lines.

I feel he's pissed off at me and now trying to punish me because I'm doing this.

[This message edited by Mommato4 at 12:11 AM, July 31st (Wednesday)]

Catwoman posted 7/30/2013 11:36 AM

You can subpoena his HR records, salary history, etc. I would.


nowiknow23 posted 7/30/2013 17:21 PM

Devil's advocate says that when a company is doing poorly, it sure as hell doesn't show up on their website - it shows up on the business wire or investment boards related to their stock.

That being said, his obligation to pay CS doesn't disappear. Losing the job is his issue - not yours.

Dreamboat posted 7/30/2013 18:05 PM

My X has not had a steady job in 8 years. He still owes the same CS. He does not pay, but he does owe. My case is different because X quit his job, he was not laid off. Now he could have asked for a reduction after he had been unemployed for a while but he never did (too lazy).

In general, judges will not grant a reduction until the noncustodial parent has been unemployed for a while. I have heard recently of courts granting a temporary reduction based on a reduction in pay due to the sequestration.

Let your L know what your X is saying. He may just be blowing smoke. He will still have to provide financial for discovery and judges tend to look at the past 3 years of w2 when making decision. Your X will have to provide proof in reduction in pay. I would think he would also have to provide proof that he did not willingly take a reduction in pay and that it is permanent. Plus, you have not had your CS reevaluated in 5 years. If your X has had a total of 10% pay raise in the past 5 years and is now facing a 2% reduction, well you are still going to benefit. So push your L to force him to provide financials and HR records.

Kajem posted 7/30/2013 18:21 PM

My XH did this, it set him up to move closer to ow's home. He took a job making less money in the area they were living. ( we live 2nous away). Claiming he was scheduled to loose his job... and other sob stories. Reality, he took the job be aide be was tired of the commute.

We went to court, he lost. The judge saw thru his lies when I subpoenaed his employer and asked if he was about fired. Surprise, surprise-
He was lying.

Cs continued at the same rate


peridot posted 7/31/2013 01:46 AM

I would ask for proof that he has been fired.

Chrysalis123 posted 7/31/2013 08:52 AM

NPD-X lied about loosing his job too.

Ask for proof.

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