mbkotsonas
New Member
My husband has a pending disability with social security. We expect to hear a decision soon. HIs support case originated in NH where the courts ordered him to pay 3400.00 a month for 1 child. He was never married to his ex. He was a realtor and did many flips, in 2002 he made a ton of money. When his ex brought him to court in 2003 he wasn't making what he did but the courts based it on his previous earnings. He paid this amount for as long as he could. HIs ex filed for contempt in 2004 and he filed for modification. The state of NH has their own rules and do not base anything on law or facts. The courts imputed an income and reduced his support to 2000.00 a month, an amount we could not afford. We married in 2005 and the courts used my money, my fathers inheritance as well. My father passed in 2004. We tried to pay what we could. Becuase of all of this my husband is in arrears 75,000. My husbands business fell apart and he had to claim bankruptcy. HIs health deteriated, meaning his mental state, he became severely depressed. The ex filed to transfer jurisdiction to Mass in Dec. and to increase her supprt based on Mass. laws. We retained an attorney who completely shafted us. After giving him a 5,000 retainere he asked for another 5,000 or he was going to withdraw. SO at the hearing in May our attorney tried to withdraw but the judge would not allowhim and we were not prepared. We had asked for a continuation but it was denied. The Mass Judge made a judgement stating that we did not show evidence that we could not pay the 2,000. SInce then my husbands health failed even more, he can't function due to his severe depression. He is also bipolar, ADD and has sleep apnea all which contribute to his health. We have a pending disaiblity and filed for modification based on health reasons. At the pretrial hearing my husband's ex did not comply with discovery so the hearing was moved to FEb. MEanwhile she filed contempt and we were ordered to pay 5200 by Dec. 5th. WE just paid 7400 in July. I have exhausted all means to pay this support while my husband is not working. His ex has contributed to his depression by harassing him with the law. She contacted the bankruptcy trustee and accused my husband of fraud, a long drawn out investigation then occured. My husband was never found guilty of fraud but he had to pay an attorney to represent him. On top of his business falling apart, on top of once being a very successful man and now he is not, he has fallen apart. His ex is to receive 79,000 from bankruptcy for the arrears sometime in Jan. SHe also constantly filed false allegaations to try to terminate visitation. It is always denied. We have to go back to court Jan. 26th to see if he is in compliance with the mnthly amount. We can not afford 2,000 per month. I have withdrawn all my money from my deferred comp, we have borrowed from several people just to keep my husband out of jail. We have a 3 yr old boy and i am currently pregannt. The stress this woman has put on all of us can not be described. My husband has a very serious disease and it is very hard on all of us. The judge is going to incarecerate my husband for 60 days on teh 26th if we do not pay another 5,000. CAN A JUDGE DO THIS WHILE MY HUSBAND HAS A PEDNIGN DISABILITY???? I NEED YOUR HELP. Once his ex receives the 79,000 from bankruptcy we will have a 7,000 credit. I am hoping she gets it befor the court date but with our luck she won't. OUR HEARING FOR MODIFICATION ISN'T UNTIL FEB. WHAT DO WE DO. IF MY HUSBAND IS INCARECERATED IT WILL PUSH HIM OVER THE EDGE. FYI M husband has paid his ex 255,000 over 5 years. We are now BROKE and can't even food shop at times. OF course she is driving a Lincoln Navigator, traveling as we speak, and has a husband that has a decent business.
