Going to JAIL! HELP!

[rcjmobile]

I was divorced in 2004 in NJ from a 9 year marriage and two kids. I agreed to an order I couldnt live up to because my stupoid cheap attorney at the time told me I would save money by avoiding a trial and could just file a modification in January when I got my tax return. Long story short, the judge practically threw me out of court at that modification hearing. To make matters worse, I was a stockbroker living now in NY working on 100% commission, and due to a sour deal that 90% of my clients were involved with, I earned only about $20K that year and lost nearly my entire book of business (versus $85 the year before and $75 the year before that). The order was for $550 per week! I made all my payments in 2004 (earned 51K), made almost no payments in 2005 (earned the $20K), and paid about $11,000 in 2006, when my income started to pick back up toward the middle and end of the year (I finished around 57k). in 2007 I earned about 40k, and paid about $12,000 in support, but lost my job when the Wall Street ride crashed and in 2008 was out of work for 6 months, finally finding a new career outside my 15 year experience on wall street as a stockbroker. I earned $26k in 6mos in 2008, and paid over 10K in support anyway (I borrowed a bit from my parents). Now I have been in and out of court as my ex wife seeks incarceration for will disobeyence of my order, which I have never been able to live up to. The $700-800 I sent every month for 3+ years means nothing to the magistrate that sees I owe $97K in arrears despite making all those payments. She said my tax returns and W2's were "incredible" and recommended I be incarcerated for 6 months. I finally have a good job again, although I only make about $50K its a salary, steady paycheck, I have health insurance for the first time since my marriage, and I work closer to home. For the record, I have never missed a visitation with my children. They stay with me every other weekend and for a week every summer, and I take them to dinner evey wednesday and I'm at every TBall, football and soccer game. Bottom line: If I dont come up with an answer to this ridiculous ruling or $45K by June 19th, theyre sending me to jail. I have never been arrested, never even had one speeding ticket. I am professsionally employed since I graudated from college in 1992, but cant get a break. Help!

 

[Duranie]

You desperately need an attorney. Start calling around to someone that can help you.

 

[rcjmobile]

Tried desperately

Many attorneys I spoke to wanted retainer that I couldn't afford and some wouldn't even touch the case. I have a court apponted attorney, but he seems "unmotivated" to help me. I spoke to an advocacy group for Dads and a gentleman told me to file 2 motions myself-one to vacate the order based on the magistrate not considering my income, the economy, my payment record of 3+ years to show not willful disobeyence, but some good faith. The other motion to recuse the magistrate on the grounds that she benefits finanically from the outcome of my case and has a conflict of interest.

Does it matter that I live 10 minutes from my children, see them 3x a week and take them every other weekend? Isnt this deadbeat status for guys that disappear and show no effort? I have made every appearance in court, provide my employer info and home contact info freely, and I have paid what I can afford every month for 3+ years up to 65% of my net pay, sometimes garnished when I was W2 and sometimes sent by me (when I was 1099). Why doesn't any of this matter? What can I do?