Am I the only person on earth that thinks child support laws are unfair?

Question

Here's my short story...a judge in Virginia ordered me to pay my ex $900 a month in "spousal support", and $682 in child support...not a big deal right? wrong, at the time of the order I was living in another state, making a net pay of $1800 a month, you do the math..now lets add insult to injury, because federal laws allow only up to 50-70% of your net pay to be taken, (depending on your state), I was able to keep $300 of my bi-weekly pay. My rent was $500 a month, and you can do the math on the rest. I lived alone, and had no vehicle, because I couldnt afford the payment, cash to buy one, nor the money it took to insure and fuel one...Now this madness went on for over a year...after a year do the math, federal law only allowed them to take a portion of the $1582 from me, which means the balance unpaid goes directly to the arrears. Now, I owe her like $10,000 in back support! I send judge copies of paystubs, he sent the back, said to get a lawyer-there are NO free lawyers.. WHAT NOW?

Answer 1

First, John's answre is idiotic. ANY state can enforce an order of another.

Second, NO ONE can answer your question as to fairness because an order for support, be it spousal or child, is based on a totality of the circumstances, NOT just the math.

The simple solution is for you to either go to law school, graduate and then petition the court for a modification or to read up on your rights under petitions and then file one.

By the way, the REASON the judge told you to get a lawyer is because you attempted an ex-parte communication which is not allowed. You, as a party to the proceeding, do not have authority to communicate with the judge unless the other party is present.

Your paystubs were either thrown inthe trash unopened or sent back to you.

Answer 2

Spousal support will not go on forever. It's meant for the person to be able to go to school or look for a job back in her field or better herself so that the kids will gain. When that monies are over, the amount will go to the back support until paid.

Virginia is a "nail the man" state. It's bad. Keep track of all your papers, don't loose a paper clip.

Search the internet, listen to talk radio in your area, read the free papers, ask friends if they know: Find a pro bono lawyer or one that basis his fee on income & how much he can help.

You do owe child support, the question is how much spousal support should you be paying & for how longs. Make sure that the back support is not going onto the dead beat dad list.

Good luck!

Answer 3

There are ways to handle this.
First, if you live in a different state than VA, a judges order can't be enforced! You may have to quit the job you are at, but when you do that will stop this madness. Also, when you do quit, get another job, go online and figure out what you should be paying according to the guidelines of the state where you live and send that.
Once you do this, the courts in VA will have no choice other than transfer the case to the county where you now live, then you can get a local hearing. Make sure you keep copies of EVERYTHING!!! When you send the adjusted money, keep reciepts of the money orders.
I know where you're coming from, I fought NC, MI, and TX for years, but I finally won and the support was reduced to a amount that was reasonable.

Answer 4

this is why you should have got a pre nup. How long do you have to pay spousal support? its rather six months to a year or until she finds a job right. if i was you the best option would to file for custody in order to stop paying child support or go to court and try and reduce one of your payments which would be the spousal support one since child support will not be reduce. and you can try to file a chapter 13 bankrupcy claim. well you can try to ask for free legal advice from a lawyer. your between a hard place and a rock. heres a site to get you to reduce child support payments.

Answer 5

No your not and to show that there is growing concern for the injustice handed out by states in their assemblyline justice to cover the botched welfare system, the california courts in their usual zest and zeal gave an award of child support as the result of a crime of fraud. There is a 5.632 m dollar suit in the federal courts against the california superior courts filed by me. Constitutionally guaranteed rights are just that and so many are beaten by the system that is designed to defeat the victim that they give up long before they are successful. If you stay with your belief in right and wrong and keep your head, the system provides for remedy and restitutuion to those that are wronged. It is not a sit back endeavor and there are few attorneys that will walk through the complicated maze of unfair and bogus laws with you but if you stay focused and are diligent you can do it.

Answer 6

I fully agree with you on this one. The whole idea of child support is a good one that needs to be in place, but there are so many bugs in the system that it's ridiculous. My brother went through something similar about 15 years ago with his ex-biotch. Now granted, he screwed himself at first by refusing to pay, and ended up getting put in jail. Then when he got out he had a hard time getting a job, so he went through a cycle of go to jail because he couldn't get a job and then get out to look for a job and getting put back in jail for not making payments. Once he finally got a job and on the first day, as he was getting ready to leave for work, they came and threw him in jail again; forget that he was on his way to work. Then when he finally did get a job and started making payments, the biotch spent the money on herslf and not on the kids. I could write a book on all the crap that went on there, but the point is, I totally agree with you. It really sucks when you're doing what is humanly possible to do the right thing for your kids and because of a screwed up court system you're painted as a deadbeat and having to sell your soul to stay out of jail.
I wish I could give you advice on what to do, but I have no idea. Can you look for free legal council somewhere? There should be someone somewhere who can help--maybe if there's a law school somewhere near you?

Answer 7

Jail!

I would file a motion based on your earnings. Almost all states have guidelines for child support. Mine is 25% net for 1 child, and more for additional ones! You need to check out yours, unless there is something you are not telling us!

Answer 8

luckily for me i dont have any kids and do not have to worry about this stuff.however, i have always felt that this crap is unfair.i have worked with several people over the years who are in a similar situation as you.the guys are supposed to starve while the women get all that extra spending money? i know its not politically correct to say it, but its just not fair.this is so obvious.the goody idea of helping to support a kid you created has gone haywire.
i feel that whoever has the kid living with them should be responsible for their welfare including money for their needs.makes sense but logic is not part of the laws anymore is it?
i wish i had good legal advice but i dont . good luck .

Answer 9

you ever heard the saying its cheeper to keep her.i really think you should hire oj simpson then that spousal support will be taken care of.. your just going to have to pay the 682.00. you can live with that.

Answer 10

the courts dont seem really interested in the fact that if you are broke or not they will tell you to get a room mate and take the bus to get to work . all they care about is the fact that you take care of your children. the children comes first and they should . I do understand your dilema but the courts will not . good luck to you anyways.