need some legal advice

Actually it is your kids who got and are getting screwed.....

 

From what I'm reading, the problem probably isn't with paying the child support, but rather with how much is being taken from his checks. As an O/O, your paycheck involves money tied up in business expenses in addition to your wages. In other words, taking the child support off the top means the wife is receiving her cut before expenses such as fuel, insurance, tires, maintenance, etc. are factored in...far more than she should be entitled to. She is supposed to receive a portion of his personal wages...NOT that same percentage cut from his business's gross revenues. If she gets 50% for child support, that should be 50% of his NET, not 50% of his GROSS. Taking 50% off the top of the gross would leave most businesses in the red, and that leaves him digging into his own pocket every day he works.

Personally, if that's the game the ex and her lawyer want to play, I'd park the truck and go flip burgers for the minimum wage. You'd have more in your pocket at the end of the day, and she'd lose out on the fat checks she isn't really entitled to anyway.

 

I agree, far too often I see other truck driving friends pay huge amounts($1200 to 1800) while the child sees nothing... Then they buy food, clothes, and other items for them as well. The Ex-wife, or mother... doesn't seem to have a problem going to Caribbean Islands and at least one Cruise with her live in, out of work... boy toy.

 

Sounds like my brother's common law wife.He's paying child support she gets other checks and drinks it up.

 

Yeah, from time to time they vent to me about it. I honestly don't know what to say and thank God that I was never in this situation. It's sick and borders on abuse to the children.

 

How much longer do you have to pay? If she is getting a cut off the Gross you wont survive. Can a different type of business model change your situation? LLC vs S-corp. Go haul fuel, take home 850, which will be 600 after child support. I don't know, but I wish you luck.

 

Used to be an attorney group nationwide called DADS. They would work Pro Bono or small payments on excessive child support cases. Had a couple of O/O;s that used them.

 

Establish a good relationship with your caseworker. You would be amazed how they will work with you. Might take time and some biting your tongue but it will be worth it. I call mine every 4-6 months and have for 7 years. We had a rocky start ...but now it is rainbows and kittens.

Lawyers suck...even more so in family law.

 

I agree....

 

There MUST be an active Court order at the Company. If that is the case there is nothing they can do but garnish your wages and send them to the proper Court jurisdiction. *On another note... if you were to change Company the garnishment stops and Starts all over again....that will give you about three or four months of Rest. (( In the meantime figure out how much you can pay...make an approach to the Court and start sending a comfortable amount.))