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No Break for Me Ftg

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Must Survive posted 9/30/2013 21:40 PM

Late August was final settlement. Not thrilled but ok I will live with it. September 1, don't receive ss or cs. I finally get it on 9/15. Per the new order I am to receive it on the first.

Guess what I get in the mail today. STBXH has lost his job and is taking me back to court to modify cs & ss!. I can't catch a break. Yes, thats right folks, just under 3 weeks after new orders are in place with more $ to me plus a chunk of $ to me by next year. I smell a rat and something is fishy.

So while STBXH is living the high life with OW#3, supporting her and her kids, my son and I will get zip because he is now out of a job. I know him, he is going to work under the table until DS is 18 so he doesn't have to pay as much.

What even gets worse is I have major surgery scheduled for the middle of October. I am still on STBXH plan, until formally divorced. Now I don't know what my status is. This is surgery I have waited years to get.

Just wondering how the "new" family is taking him not bringing in the $. Because it is a lot he is not bringing in. And imo, she liked the $ because her house was for sale until she met STBXH and she immediately took it off the market.

I think STBXH asked to be laid off so that he didn't have to pay $.

3 weeks. I am soooo stressed again. Just when I was thinking I was moving forward. Now with no lawyer (and no $ to hire one) I haven't a clue what the hell I am going to do.

I get that life isn't fair, but darn it, sometimes I want just a little to go my way.

Sad in AZ posted 9/30/2013 21:55 PM

Judges tend to see through this type of shenanigans, but you should still try to do some sleuthing. I hope you prevail.

Must Survive posted 9/30/2013 22:02 PM

You would think that if judges see through this, then his lawyer would have told him so.

I am afraid I am going to have to represent myself. I really can't spend anymore $ on lawyers.

sparkysable posted 10/1/2013 10:34 AM

The judges have seen this kind of thing over and over.

I knew a guy who got fired from his job, tried to get SS and CS reduced because he got "laid off", his boss and HR dept got called to speak in court, they told the reason why he was no longer employed.

He did not get CS and SS reduced.

I'm pretty sure they can see through this kind of thing.

What court is he taking you to? Is it family court, or supreme court?

Must Survive posted 10/1/2013 10:59 AM

Called into family court.

The good news is I called, insurance it is still on, so I am covered for my major surgery in 2 weeks.

Not sure how I am supposed to show up in court when I am not supposed to even drive for 2 weeks.

I was blissfully happy (thinking I was done with this shi_) for about 2 weeks. Back to constantly trying to figure out how to deal with this crap.

chikastuff posted 10/1/2013 11:08 AM

Support is based on the past year of income, not current income. The court might not even consider his petition because it comes so quickly on the heels of your previous modification (in my state you can't go for modification more than once every 3 years). So regardless of him "losing" his job, he might still be on the hook for everything. The court *should* say, yes you lost your job, but it's your responsibility to find a new one and pay this support.

This is why you really need to go through your state enforcement agency. They can't help with SS, but they can help with CS.

Must Survive posted 10/1/2013 11:15 AM

I am in "liberal" California. On their website it says that you can file for modification if you lose your job or have a decrease in income

He works in a situation that "good ole boys" look out for each other. And he can work under the table and not show any income.

As an aside, if this is Karma, I got caught in it too!

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