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-   -   Child Support Trouble (https://www.airlinepilotforums.com/aviation-law/16595-child-support-trouble.html)

Past V1 09-05-2007 02:07 PM

Child Support Trouble
 
Ok...here is the issue. I have been divorced for over 2 years and we have finally just finished the child support issue. The probelm is that they figured by income to be 40 hours per week having me make over 2800.00 dollars a month:confused: which is illegal:mad: for me to work based on the 1000 hour 100 hour and 30 in 7 rules...Now I am a first year FO at Pinnacle and I make approx 1200.00 a month that I bring home. They are going to start garnishing my wages starting this month. Another probelm is that I can't afford a lawyer because I broke and the garnishment is set at 1000.00 dollars a month or 50% of what I make which leaves me approx $400-$500 per month. Not even enough to pay the rent. I have documentation that I have been supporting my sons for the past 2 years such as paying daycare, helping her buy a new car, clothes, etc things a father is supposed to do. So please don't think I am a deadbeat father because I am not. Fellow pilots if there is ever a brotherhood or sisterhood in our profession...I NEED IT NOW!!! I need to know how to fight this because if they start to do this I am going to be on the street with not much to live on. There has to be other pilots out there that pay child support. I need all the help I can get and I need it soon. My next pay day is 9/16 and I have until monday next week to try to fix this. Thanks to anyone that replies. I will be flying all day today and tomorrow. So please keep commenting I will check everyday...I promise.

List of things that I have done

I have filed for reconsideration and faxed the regulation 121.471 to back my arguement

I have faxed my paystubs

I have contacted ALPA...not much help there so far

I have contacted HR in Pinnacle (I believe their hands are tied since it is a court order)

I have until 9/22 to file for a Superior Court Review but I have no idea on how to do that. Plus I know I need a lawyer...but I am broke.

Thanks for your time to look at this...hopefully this hasn't happen to anyone else or if it has some actually understood the pilot profession and knows that you can't work 40 hours a week because we are regulated not to. Well off to work again...appreciate the help.:)

xkuzme1 09-05-2007 02:22 PM

...
 
Can you kill her lawyer?

seriously though, i would think that ALPA would might be a good start. If I needed that kind of help and i did not get it from them, I would not be happy.

Otherwise I would take out a loan to pay the fees. It would be cheaper in the long run.

Good Luck.

x

Past V1 09-05-2007 02:27 PM

I wish I could get another job...maybe I can work in the mall. I would have to do alot of cordination. I think that they would try to garnish those wages too. But do you think there is any way to change the mind of the courts that I dont work 40 hours a week...I also heard that from another lawyer that the might consider me to be "underemployed" meaning that I purposely took a low paying job to avoid paying child support. I mean ever time I think I get somewhere...something else happens!?!?!

FlyingDog 09-05-2007 02:44 PM

Call the FSDO and see if you can get an FAA rep. to walk in with you in front of the judge and show him the regs?

Don't know if that will work but if you can't afford a lawyer it's a thought.

Airsupport 09-05-2007 02:49 PM

dude you are going to have to bite the bullet and get a lawyer... if it cost you 1000bucks or so to get this fixed then thats what you have to do. and get them to base your child support on guarantee not 100 hours a month. just do it man and get the lawyer, or yes, you will be living on brooks turning tricks for cash...

vagabond 09-05-2007 02:55 PM

deleted....

Freightpuppy 09-05-2007 02:56 PM

Is the ex that much of a you know what that she doesn't understand this either?

ARRRRRRGH!!!!!!!!!! There's got to be a way to fix this. Can't you go to court with your contract and paycheck stubs?
I thought they didn't garnish your wages if you have been paying all along. Why are they doing this?

ToiletDuck 09-05-2007 03:20 PM


Originally Posted by Freightpuppy (Post 226151)
Is the ex that much of a you know what that she doesn't understand this either?

That doesn't matter. The law can still get involved. My uncle owes the most child support in the state of Texas, a big state, and thus can't come back to the USA. Long story short he was a pro baseball player. When they divorced he gave her a house and $5mil for the kids upfront because, believe it or not, he's a great dad. Thing is when he retired his lawyer dragged his feet on the paperwork. He basically had to pay for what he was making as a baseball player before he retired. His lawyer told him not to pay it because he'd get things take care off. Years later he can't come back to the US because federal marshalls would pick him up. He fired the lawyer and hired a new one where things have changed and he isn't having to pay that high arse amount anymore, however, he still has to pay for the amout accured before getting the new lawyer which when making 2.1mil a year and they want years of child support worth it's added up. All of this happened without the wife starting it. The state was making sure he was paying so when it stopped they went full force.

SharkyBN584 09-05-2007 05:51 PM

Hire a lawyer. Go to www.probono.net. Click on "Pro Bono Guide" on the left hand side of the screen and pick out your state. It will give you a listing of the practices that accept Pro Bono work. Clicking on them will give you a brief description of what they specialize in. Find one and start calling to explain the situation. Good luck.


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