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HammerDad · #11 12-23-2010, 05:03 PM

If you give him a formal request to provide his notice within 30 days and he fails, you then do as was suggested and file a motion to compel. If he fails then, he would be in contempt and you may get costs.

Undue hardship is generally only for instances where the PAYOR is unable to pay the ordered amount due to their financial circumstances, not where the PAYEE's income is insufficient.

Child support is based off of the guideline amount of the Payors income. The payee's income has nothing to due with it. Spousal support would have been determined by the court order. Each parent has an obligation to provide for your child. If he is paying his prescribed amount of child support (and also paying s/s) then he is paying his portion. It is on you now to also find meaningful employment to provide your amount. A claim for undue hardship may backfire as he may have your income imputed to at least full time minimum wage (about $20,000 a year) if for some reason you are making less than that.

Edit - and I agree, he is a dick for not seeing his child....

Deut7 · #12 12-23-2010, 05:21 PM

Thanks to all who replied. I had never heard of a Motion to Compel and I will do the Letter first, then I will if necessary to the Motion to compel and then the Motion of contempt if required. Thanks again to all that noted on me. I appreciate the advice.

BitHunter · #13 12-23-2010, 06:44 PM

Do you think there was a significant change in his income?
If you are willing to go through all this hassles with filing/waiting/appearing etc for maybe $10 a month increase, then you are not completely incapable of working, because you could do this for a living as a court server (or something similar job).

Deut7 · #14 12-23-2010, 08:01 PM

I expect then you are not disabled or you would not make such a statement. I have been disabled for many years and I have made numerous attempts at working and have failed.
That also being said you must be a person who feels that disabled or not whether I can walk, or think I should work right?
I suggest that when you can walk a day in my shoes then you have the right to make such a comment. Until the day that you can, I respectfully request you keep such comments to yourself.
I have been tested by more doctors than I care to be tested by..I have done more stuff in a lifetime than most and if I had my honest choice, I would go back to work and deal with folks like you at the border when you try to smuggle stuff.
But that is not the situation and I am incapable of working any further. According to the tests that have been done to date.

Again, when you can actually walk a day in my shoes and do it without my pain meds, or without any assistance at all, then you have the right to comment. Otherwise, respectfully keep you mouth and your tongue in it, as you have truly NO clue as to what you are talking about.

Merry Christmas

Deut7 · #15 12-23-2010, 08:03 PM

Quote:

Originally Posted by rszalai

Do you think there was a significant change in his income?
If you are willing to go through all this hassles with filing/waiting/appearing etc for maybe $10 a month increase, then you are not completely incapable of working, because you could do this for a living as a court server (or something similar job).

If I could even get a job with my disabilities that would be wonderful....but I have been turned down. The government has told me no more work as I am far too sick. So now what do you have to say?

BitHunter · #16 12-23-2010, 08:12 PM

That's just depend on the amount of post, not the quality of the posts.

I have never been disabled, but it seems to me that anybody who can move the mouse can do a productive work. Yes, it requires some reading/studying before, but that's all.

logicalvelocity · #17 12-23-2010, 08:19 PM

I think I would say Welcome, and where your views get tested by members on a regular basis.

InterprovincialParents · #18 12-28-2010, 04:20 PM

Failure to comply to a clause that states the NoA must be provided is not enough grounds for a contempt motion. You must send the written request, and follow the channels outlined above...but, I doubt his income has gone down, or he would have no issue providing it. In my experience, parents who refuse to comply with this clause do so because there has been an increase. In that case, you also want to ask for support changes to be made retroactively to July, when any changes would have taken effect, and, since it has only been a few months, I would ask for that retroactive amount in a lump sum, and let him argue why that is unreasonable.

InterprovincialParents · #19 12-28-2010, 04:24 PM

[quote=Deut7;56244
Again, when you can actually walk a day in my shoes and do it without my pain meds, or without any assistance at all, then you have the right to comment. Otherwise, respectfully keep you mouth and your tongue in it, as you have truly NO clue as to what you are talking about.[/quote]

You open yourself up to comments by posting on here. You take the good advice with the bad....suck it up, or talk to a friend who will take your side...we are more realistic than most, and just blunt enough to give a wakeup call where one is needed. If you don't like it, you can ignore it...because trust me, you will get varied opinions, and some are good advice, some are critical...but if you can handle it, the forum is a wealth of knowledge, even from those you would rather not hear from.

InterprovincialParents · #20 12-28-2010, 04:29 PM

Quote:

Originally Posted by Deut7

I expect then you are not disabled or you would not make such a statement. I have been disabled for many years and I have made numerous attempts at working and have failed.
That also being said you must be a person who feels that disabled or not whether I can walk, or think I should work right?
I suggest that when you can walk a day in my shoes then you have the right to make such a comment. Until the day that you can, I respectfully request you keep such comments to yourself.
I have been tested by more doctors than I care to be tested by..I have done more stuff in a lifetime than most and if I had my honest choice, I would go back to work and deal with folks like you at the border when you try to smuggle stuff.
But that is not the situation and I am incapable of working any further. According to the tests that have been done to date.

Again, when you can actually walk a day in my shoes and do it without my pain meds, or without any assistance at all, then you have the right to comment. Otherwise, respectfully keep you mouth and your tongue in it, as you have truly NO clue as to what you are talking about.

Merry Christmas

PS, I would not push so hard on the woe is my disabled self card, because the courts have swapped custody in the past for precisely that argument. The process is, if you are so disabled as to be unable to provide for yourself, how do you propose to care for your child?

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