This will be extremely long, but by necessity. I have been bled dry by my ex's attorney to the tune of 21K over the past year and a half, and therefore hope to find someone knowlegeable about these matters here. It'll someday affect a large percentage of TFL'rs so here goes:
Recently I attempted to have my child support reduced from the level it was set at while I was a Sergeant in the Army. I was put out with several disabilities that prevented me from performing my duties. I could not maintain my civilian employment due to the fact that it aggrevated my disabilities. My ex promptly filed for contempt as my wifes employer was insuring my kids instead of me. Upon filing the motion to modify, I paid what I could in Child Support but did not pay the entire amount. I was held in contempt, ordered jailed for 30 days, and ordered to pay the back support and my ex's attorney fees. The sentence was suspended but I am on probation. In an effort to stay out of jail, I borrowed the money from my grandmother (money that would have paid for my kid's college), and sent lump sum checks for all the judgment. His check did not go out by the first due date, but instead of partial payment, I paid in full 10 days late. Since I was paying her attorney's salary but not paying the withholding taxes, I sent an IRS FORM 1099 for his records.
Today I recieved a letter threatening me with an enforcement action (send me to jail) because I am alleged to have committed fraud by the 1099. He admits he cannot enforce the civil part as I have fulfilled my obligations there, but he wants to send me to jail on some criminal violation? I didn't think contempt was criminal. He is also threatening to sue because of the usual "pain, anguish, and mental suffering" I caused him. Can he really do this? I have been bled completely dry. I cannot afford any more attorney's and live with the constant threat of jail over my head for doing what my attorney told me would be appropriate.
By the way, after the contempt hearing I removed my case for reduction. The judge is pretty pro-momma. I would like to have input on this by any attorneys, accountants, or other people who have been there.
Recently I attempted to have my child support reduced from the level it was set at while I was a Sergeant in the Army. I was put out with several disabilities that prevented me from performing my duties. I could not maintain my civilian employment due to the fact that it aggrevated my disabilities. My ex promptly filed for contempt as my wifes employer was insuring my kids instead of me. Upon filing the motion to modify, I paid what I could in Child Support but did not pay the entire amount. I was held in contempt, ordered jailed for 30 days, and ordered to pay the back support and my ex's attorney fees. The sentence was suspended but I am on probation. In an effort to stay out of jail, I borrowed the money from my grandmother (money that would have paid for my kid's college), and sent lump sum checks for all the judgment. His check did not go out by the first due date, but instead of partial payment, I paid in full 10 days late. Since I was paying her attorney's salary but not paying the withholding taxes, I sent an IRS FORM 1099 for his records.
Today I recieved a letter threatening me with an enforcement action (send me to jail) because I am alleged to have committed fraud by the 1099. He admits he cannot enforce the civil part as I have fulfilled my obligations there, but he wants to send me to jail on some criminal violation? I didn't think contempt was criminal. He is also threatening to sue because of the usual "pain, anguish, and mental suffering" I caused him. Can he really do this? I have been bled completely dry. I cannot afford any more attorney's and live with the constant threat of jail over my head for doing what my attorney told me would be appropriate.
By the way, after the contempt hearing I removed my case for reduction. The judge is pretty pro-momma. I would like to have input on this by any attorneys, accountants, or other people who have been there.