Child Support Question: Help me be Fair?

Discussion in 'Ask An Owner Operator' started by wannabefair, Apr 13, 2011.

  1. wannabefair

    wannabefair Bobtail Member

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    Sorry this is so long.

    Thank you for allowing me to post my question. My ex has been driving for about ten years now. We split about six years ago. He have two children together. He married his new wife about 3 months after we split, and is still with her.
    I don't want to make this about who is an a-hole and who isn't, but as a bit of background, he's never tried to be in their life. No phone calls, no birthdays, and I have had to find him several times when I was struggling, and he will send $200 a month for a couple months before we fall back out of contact. His wife does not work. I had an OK job as an executive admin assistant to the VP of a major construction company, so I didn't sweat it; we scraped by, and there was always a reason he couldn't pay me. it wasn't worth it. But then I got laid off.
    After a promise of Christmas presents from him that didn't pan out 2 days before the holiday (I gave them Chrismas from the dollar store and felt lower than dirt), I finally had to take him to court. He told me I wouldn't get a cent until ordered to. Court decided that he should pay about $300/month.

    Now, I don't know any personal information about him besides what was read aloud in phone court. I can' remember if he's an O/O, or if he leases his truck from him boss, but before taxes, he makes about $2100 per month. Mind you, he drives tomatoes of of FL, and he says they're not in season, so his pay is low right now. I know that he has to pay for gas and other expenses out of that money. I don't want to bleed him dry, and he says he can't possibly pay that much, or he, his wife, and their 5 month old son will be out on the street. I really don't want that to happen. I didn't even want to take it to court, but he'd promised money so many times and then didn't send it and left me stuck. Once I was even evicted! I don't own car. We don't have cable, don't eat out. Shut off the cell phone. I found a SHACK with a barn and fixed it up. I garden and keep chickens for veggies and eggs. No cable, basic phone. I burn trash so I don't have to pay for pickup. You see, I only make $1000/month on unemployment, and I make it work for us.

    It SEEMS like he should be able to pay $300 (or his wife should get a PT job), but SHE emails me (he won't contact me) and tells me that they will lose their house, and they can't buy formula. I think they live beyond their means, but at the same time, not everyone can live with as little as we do and still be happy. Also, more importantly, I know nothing about the expenses of driving a truck. I figure you guys are the most knowledgable about this, so I'm throwing it to you. Should I go back to court and get the amount lowered? I know two kids who could really use that money for school clothes and to help feed them, but not at the expense of putting a baby on the street. :biggrin_25513:

    Thanks, everyone.
     
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  3. Lilbit

    Lilbit Road Train Member

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    They are his kids, he needs to kick in his share, plain and simple. Don't get the amount lowered either. He has an obligation, and that amount isn't that much for him to be contributing to the welfare and support of two of his children.

    And he's full of it that tomatoes aren't coming out of Florida right now. There are also plenty of other things to haul out of Florida whether he is an O/O or company driver. Potatoes and cucumbers are also running right now, as I have friends in the biz that haul that sort of thing.
     
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  4. canuck in da truck

    canuck in da truck Road Train Member

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    i would think he makes a lot more than $2100 a month as well
    300 a month is joke--at minimum he should be paying $400 a month for each of them
     
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  5. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    Also, he will loose his drivers license, I believe if he doesn't pay. So keep on him. Go to Social Services and get help from them, they will take it and run with tracking him down and getting the money. $300 is really low for two kids. My sons friend pays $500/mo for one kid, and he isn't making that much a month.
     
  6. Scarecrow03

    Scarecrow03 Road Train Member

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    $2100/mo gross income??

    I couldn't make it on that and I drive someone else's truck.

    If he's an O/O he ain't gonna have a roof over his head for long.

    Sounds like he needs to get a better paying gig so he can man up to his responsibilities.

    I agree that $300/mo is low, but $400/mo/kid is a bit excessive.
     
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  7. wannabefair

    wannabefair Bobtail Member

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    Well, I'm pretty sure that he's not fully reporting his income. He's seen the kids twice in 6 years. We met them at the TA in Greencastle, PA (seems everyone knows where that is). They got out of their truck with leather jackets on, new watches, tattoos, etc. He let the kids look in the truck, and he had a laptop, and an expensive pit bull. We stayed long enough to visit and I bought the kids some ice cream. We had to leave before they ate, though, because I couldn't afford what they were getting. So yeah, I really doubt the $2100, but that's what his check stubs said. Is there a way to hide income that yll know about and I don't? Not that I want more, I'd just like to know the truth. Maybe i wouldn't feel so guilty.
     
  8. Lilbit

    Lilbit Road Train Member

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    The judge can requisition the records needed to prove his income. If he drives for a company they would requisition the payroll info. If he's an O/O they can require him to provide prior years tax returns.
     
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  9. canuck in da truck

    canuck in da truck Road Train Member

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    400 a month per kid is about average i think--depends on the gross income
    the more you make--the more you pay
     
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  10. twinket1

    twinket1 Bobtail Member

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    go to the prosecutors office in your county they track him down and garnish his wages. I have a daughter that is 25 years old and I fell for this story for years and he is still 16000.00 behind. He also has 3 other kids that he hasn't raised either.
     
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  11. wannabefair

    wannabefair Bobtail Member

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    Thanks, Twinket1. While we were in court, the judge said that his wages would be garnished. He told her that his employer would fire him if that happened. She said, "well, that's not what he told ME... he said he would put the papers through." Then after court, she told me that if he and his boss were friends, he could probably talk the boss into refusing to do the garnishment, and then we're back to square one. She told me not to expect anything right away. Hell, I've waited for six years... I can wait a while longer. That's not the issue. I guess what I'm wondering is this: What would he take home, if he's making 2100 per month gross? Is it enough to support his new family AND give our two kids $300?
     
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