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D-bag Ex on leave of absence... anyone else have this happen to them?

starcatcher8178starcatcher8178
in Single Parents

I used to come to the bump for advice while pregnant and thought I'd come back to help get answers to questions about the ins and outs of divorce w/LO's. 

We have a temporary order in place which outlines his time with the kids (infants, Twins, 10 months old) and his child support obligation. It's been six months since our separation and I still have not received one cent from him. My attorney filed for a wage garnishment, and yesterday we find out that he's out on a leave of absence-- so no paycheck, no child support.

Did I mention that he filed for the LOA, 2 days after my atty spoke with his about moving forward with filing the wage assignment. He's claiming getting divorced is super stressful for him and he can't manage working. I have two kids, school, a job and NO FREAKIN SUPPORT FROM HIM!!!!!!!! Im so pissed.

Our custody hearing is next week; but I was wondering if anyone else has had an ex do something like this. I know him, and the LOA is a giant ploy to get out of paying his obligation. He's still a child even though he's 34 yo, instead of thinking about his kids he's focused on getting back at me. This is just one of the many things he's done to make this process long and difficult.

In his financial statement he's claiming he pays rent (he doesnt, he lives with his parents) and a whole host of prior "financial obligations" and that his disability pay won't allow for him to pay CS. My atty thinks he's going to ask for spousal support in order to offset his child support payments. I married a real winner, right?

I swear, I wanted this separation to be as amicable as possible?I would have foregone a monetary CS payment if he had talked to me and agreed to provide for the kids with necessities.

Other then going out on disability, is there another means for him to get out his responsibility? Truthfully, I'd be happy if he was out of the picture, but I know it's important for kids to have both parents in their lives.

 

 

 

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Re: D-bag Ex on leave of absence... anyone else have this happen to them?

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    cautionwillburneyescautionwillburneyes member
    I think that disability is pretty tough to get on, but once on it they could probably garnish his payment for CS and he couldn't do a thing about it.  It might actually be the best option for you since it's a dependable income.  I don't think they'll let him slide on financial responsibility of the kids.  I am also willing to bet that a judge wouldn't be willing to grant him spousal support if you are caring for the children and he hasn't stepped up on his end.
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    DaringMissDaringMiss member

    I think that a judge might see through all of his shenanigans.  He may be assessed support based on what he is *capable* of earning, not on what he has chosen to earn at this time.   

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    Jennis22Jennis22 member
    imageDaringMiss:

    I think that a judge might see through all of his shenanigans.  He may be assessed support based on what he is *capable* of earning, not on what he has chosen to earn at this time.   

    This.

    I know in PA they can base CS on your earning potential instead of what you actually earn. I think that would apply in a case like this where he had a job and then went on "leave" at a convenient time for him. Ask your lawyer about the rules in your state. Also, disability can be garnished since it's income.

    And I don't have much else in the way of practical advice to offer. But it's really low what he's doing and I hope that this all works out in your favor. Karma exists, it may take time to come around, but good people have good things happen when they need it most and bad people get the sh!t end of the stick eventually.

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    starcatcher8178starcatcher8178

    Thank you guys. He's made this whole process a living hell. Did I mention he's suing for sole custody and NO visitation for me? Right? He's counter-suing that I'm unfit to take care of them. I think he's forgotten that I AM taking care of them. He's such a dipS&*%.

    I had no idea disability could be garnished. Good to know. My atty made it seem like it couldn't. I'll make sure to clarify when I meet with him. 

     

    Thanks again. 

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    DorisWEDorisWE

    imagestarcatcher8178:
    I had no idea disability could be garnished. Good to know. My atty made it seem like it couldn't. I'll make sure to clarify when I meet with him. 

    *lurker in*

    My DD's dad is legitimately disabled and I receive social security in lieu of child support each month. 

    *lurker out*

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