newwriterfla
New Member
Hello,
My husband was previously married and had 2 children(1982-1988). I started dating him soon after his divorce was final. When he had first married the ex wife, she knew he had a back operation a year or so before and was only receiving workers comp. This part took place in Ny. When he was with her, he had another back operation as the first failed. After not working the entire 6 years he was with her due to extreme continuous pain, when they went to family court , the ex was evil. She told the judge that she wanted child support and that was it. She also was working for the social services department of that county. The judge had granted divorce, she had custody of the children and he was ordered to work to pay $120 per week for the 2 children. The Family Court imputed his income. He went to work at $6./hr as a janitor. The work hurt him more. I knew him at this time and every day he tried his best. At this point I met him and we dated. He worked for 9 months before he just couldn't do it anymore. He tried to get the workers comp to allow him to be seen at drs, but they continually song and danced. In 1993, he applied for SSI. In 1994 , he went to Family court because he hadn't paid any support for 4 years. In 1995, he finally was approved for SSI . He still received his $90 every 2 weeks from workers comp. Family Court stated that he was to pay $100 per month for the 2 children (to be paid from his workers comp). In 1996 we moved to Florida. In mid 1997, I stopped working due to ill health. I had cancer in 1998 and had other health problems. I was no longer working and I had applied for SSD. In 2000-2001 we tried to ask for a modification of child support and it was refused after even providing drs records etc. From 1997-2005 we lived off my husbands SSI of $500 or less per month and Foodstamps. In 1999, workers comp closed his case and his total income was SSI . In 2000, the eldest was emancipated . He was now only to pay for the girl ($50 per month). Again we tried to have the child support modified and after an entire year of phone conferencing for the court, copies of drs records, etc. and the fact that SSI is not supposed to be counted as income for child support, they still refused . Our credit is poor due to my past medical bills prior to receiving SSD and SSI, but the worst is the child support issue on the credit record. The courts are stating that since he didn't have any so called proof of inability to work at the very first hearing when the child support was originally ordered (now 19 years ago !) that he still has the ability to work. He even had drs in 1995 that said he was unable to work, even the receipt os SSI....and still every month we get another payment slip and the arrears are over $49,000. My husband had another back operation in Jan 2007. The Dr states he shouldn't work and is incapable of work. The doctor also told us that most likely when he attempted to work before, his spine became more unstable to the point of needing the 3rd operation recently. It seems no matter what we say or the records we provide to the court, deaf ears prevail. We can't afford a good attorney and we even tried an attorney through free legal services who fought beyond Family Court and still nothing changed. DOES ANYONE HAVE ANY ADVICE???
My husband was previously married and had 2 children(1982-1988). I started dating him soon after his divorce was final. When he had first married the ex wife, she knew he had a back operation a year or so before and was only receiving workers comp. This part took place in Ny. When he was with her, he had another back operation as the first failed. After not working the entire 6 years he was with her due to extreme continuous pain, when they went to family court , the ex was evil. She told the judge that she wanted child support and that was it. She also was working for the social services department of that county. The judge had granted divorce, she had custody of the children and he was ordered to work to pay $120 per week for the 2 children. The Family Court imputed his income. He went to work at $6./hr as a janitor. The work hurt him more. I knew him at this time and every day he tried his best. At this point I met him and we dated. He worked for 9 months before he just couldn't do it anymore. He tried to get the workers comp to allow him to be seen at drs, but they continually song and danced. In 1993, he applied for SSI. In 1994 , he went to Family court because he hadn't paid any support for 4 years. In 1995, he finally was approved for SSI . He still received his $90 every 2 weeks from workers comp. Family Court stated that he was to pay $100 per month for the 2 children (to be paid from his workers comp). In 1996 we moved to Florida. In mid 1997, I stopped working due to ill health. I had cancer in 1998 and had other health problems. I was no longer working and I had applied for SSD. In 2000-2001 we tried to ask for a modification of child support and it was refused after even providing drs records etc. From 1997-2005 we lived off my husbands SSI of $500 or less per month and Foodstamps. In 1999, workers comp closed his case and his total income was SSI . In 2000, the eldest was emancipated . He was now only to pay for the girl ($50 per month). Again we tried to have the child support modified and after an entire year of phone conferencing for the court, copies of drs records, etc. and the fact that SSI is not supposed to be counted as income for child support, they still refused . Our credit is poor due to my past medical bills prior to receiving SSD and SSI, but the worst is the child support issue on the credit record. The courts are stating that since he didn't have any so called proof of inability to work at the very first hearing when the child support was originally ordered (now 19 years ago !) that he still has the ability to work. He even had drs in 1995 that said he was unable to work, even the receipt os SSI....and still every month we get another payment slip and the arrears are over $49,000. My husband had another back operation in Jan 2007. The Dr states he shouldn't work and is incapable of work. The doctor also told us that most likely when he attempted to work before, his spine became more unstable to the point of needing the 3rd operation recently. It seems no matter what we say or the records we provide to the court, deaf ears prevail. We can't afford a good attorney and we even tried an attorney through free legal services who fought beyond Family Court and still nothing changed. DOES ANYONE HAVE ANY ADVICE???
