This is why I hate and distrust lawyers. Most are greedy and arrogant. The honest ones always seem to be incompetant. The ones who are honest and competant probably get disgusted with everything and quit.

It's also why I'm not getting married and/or having kids

 

This might sound really dumb but it looks like you are desperate. I noticed you said things keep getting worse and worse. Actually it's more common than you think. I suggest that you swing over to Barnes and Nobles and pick up the book called "The Secret". It may put things into perspective for you. I'm not promoting it I just feel really bad for you and think it could help. I would say "good luck" if I believed in that sort of thing.

 

Thanks for the help...I am currently trying to get my pilot group involved but I have to wait for the OK from big corporate. To the guy that mentioned the probono idea...I AM ALL OVER IT!!! Thanks I really needed that. To answer some of your questions...my ex she understands the aviation world but she doesn't want to do anything about...she is still upset at me for leaving her (even though she had sex with two of my good friends) I know I know this is getting worse and worse...but this is my life story...sounds to horrible to make up and trust me I wish I was. So now it looks like she is hanging me out to dry. I believe if she went to the courts and told them herself...this issue would be over...but you know I don't think that is going to happen. I appreicate all the help...please keep commenting...any ideas are good ideas. I need all the heads to come together on this. Thanks....Oh please don't let this tread get lost in the mix of all the other stuff. Thanks.

 

This probably won't be a popular response with you, but devil's advocate and all that...

Can your ex afford to take care of your kids with less than the $1000/month from you for a year? If she doesn't work, that's not enough to live on with two children. Even if she does work, if your kids are young, that probably doesn't cover daycare, so she's got rent for a larger place, food, clothes, diapers, and all that other kid expense. Maybe she makes plenty of money and your contribution is just bonus. With my wife's career, that would be the case, so if that is your situation - fight this!

If it isn't, how much can you realistically afford to contribute? Regardless of how awful of a spouse she was (and she sounds like a real peach), she is still taking care of your children. I know I personally wouldn't want my kids to go without, and if that meant I had to sweep floors or flip burgers, I would. You may need to get a second job.

Good luck.

 

Awww. I'm married with two kids and I aspire to become a lawyer. Guess we don't quite see eye to eye.

 

Dude, I feel for you, i also am a 1st year FO @ Freedom with a child that i am paying child support on. Luckily I haven't had this problem yet. Let me give you some good advice GET A LAWYER. There is no other way to get your point across in the courts than having a lawyer. That goes for anything dealing with child support, if you don't her lawyer is going to burn you a new one. I have seen it to many times before with friends that say they don't need a lawyer in child support cases. Just do the math, an ok lawyer will be $1000 (get a loan set up a payment plan something). If that lawyer can get the amount reduced and explain how our pay works,that could save you over $1000 in only a years time. As for the court taking all 100 hours they can't they can only take your guarantee. I know that b/c at my old job i used to work alot of overtime and she could only touch the 40hours not the overtime, b/c that isn't always promised. Another good thing your per deum can't be touched either. Being a child support paying parent is no tough. I can definitively tell some of the responses you have received are from guys on the other side of the track. Until you deal with ex-s and courts with child support you have no idea what it is like. Taking care of your kids is one thing, but taking care of a ex-wife's life-style and everything else is not fair when you can barely afford a roof over your head and descent meal in your mouth. We live in a country that is ruled by courts and lawyers it is a good old boys world. We are not part of that good olds boys club. So just pay someone who is to get you out of this. Keep me posted and good luck!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

As a fellow Pinnacle Pilot and former child support payer...

1... get out of the same state the order was filed in. Yes. move... in the same state the courts tend to favor the woman. IN different states your state is obligated to protect your butt.

2... file a petition with the courts (in the state with the order), usually through the probation office. It is free and you can do it yourself.

3... put in a petition for a reduction of wages, claim hardship

4... in 2-3 months you will get your court date, ask for teleconference it is allowed under title IV. it may take a few more weeks thereafter.

5... you can have your teleconference with either your lawyer ar at the child support office of your state. Believe it or not, those people in your new state will be helpful.

6... by federal law, they can only garnish so much, in certain state the limit can be lower. Fair credit act limits how much can be garnished. the problem is whatever you cannot pay will become arrears and that can land your butt in jail.

7... don't panic, be calm and document out the heck of your expenses. Go overboard, include the monthly oil changes for your car, the wear and tear on your car, parking.. you HAVE to get your expenses up, way up... By title IV there is a mandatory formula they use. In a nut shell they have to take the net income of both parents and then assign how much each can afford. There are federal guidlines on the max amount they can take for 2 children. I think it is 25% of disposable income..

8... ALPA cannot do anything for you, sorry but it is not contractual and they only way ALPA can is if they try to take your pilots license and in some states they can "attempt" to do that for failure to pay.

9... finally.. .and sadly.. don't offer any more money to the mother, not until this is cleared. Every penny you give does not count under the eyes of the law if it did not go through the child support agency.

to give you a "rough" idea...

I started with $25 per week, it was sweet. I was raised to $120 per week, then they went for the gold at got $375 per week. I filed hardship (myself) and got ir reduced to $105 per week, then filed hardship again (myself) and got it to $85, then $50, and finally it settled at $55 per week.

My lawyer got me the $25.00 per week, the rest were on my own. Also by law every 3 years they can adjust the payment based on COLA. So... if you are heading to upgrade, you bring her back into court and get a reduction on FO pay then upgrade. The way the system works if you are in different states you can work to your advantage. If she does not show for your court dates (and most don't), you win by default and then it will cost her to bring you back in. At one point I got it to my ex that it was costing her more to fight that what it was worth. They realize real quick when you get the order cut in half or more and they realize how much they paid to get their tails beat.

Been there done that... it sucks to be on the wrong end in a child support case.. let me tell you after 21 years, I am happy it is behind me and I wouldn't wish it on my worst enemy...

 

I got divorced in NJ 5 years ago. NJ child support is based upon the salaries of both parents that is calculated with some formula that the state came up with.

I had a great lawyer. I was probably going to get nailed with child support as my ex was only working part-time and the calculations are based on the current salaries. My lawyer knew that there was no way she could support herself with child support and her own salary. She would have to start working full-time at some point.

Therefore, he argued, correctly, that the child support be recalculated anually when my ex and I receive our W-2s. His argument was that there was too much that could happen to me. I could be furloughed, suffer a cut in pay or even lose my job. My ex fought that in court but the judge ruled in my favor.

Good thing he did. My ex's income has gone up every year since the divorce. Mine had gone up as well and especially after making captain but my payments now are lower that they were when the divorce was granted.

 

get the (DOL) department of labor they know all the rules and they can back up the 1000hrs and the 30-7 as additional support along with the other info you have provided every little bit helps.

 

Man I feel for you!!! Most women dont care and a man doesnt have a leg to stand on. Let me ask you this... does she have a job? If so does she make more than you? I think the corts may look at your first year as a FO as internship which is a part of the eduction process. Explain this to the judge. I cant say they will listen but you really need something. Men dont have a chance in the courts anymore. I have had a similar situation. It sucks and there is no way of nowing if the lawer you select is worth the time in calling him or her. Buddy I feel bad for you I wish I could help. Hang in there....