Motion for Reconsideration

[kmeida28]

I have one child (receive no support) and my husband has two children that he has paid $150.00 a week in child support since 1998 when he got divorced. I met my husband at the end of 2002, bought house in 2003, got married 2005. He received a settlement in 2002 from the state of MA for being racially discriminated on at a job for about $50K. That money was used to buy a fixer upper house in an overpriced market in MA. We used part of the money as a down payment, plus fixing the house to be livable. We lost much of the money of re-fi due to a bad mortgage closing(s) then the rest was spent on a 2,000 mortgage that we really could not afford. At the end of 2006 my husband was laid off. In 2007 we sold the house and received about 16K profit. 1/2 we paid back my parents towards the down payment they lended us to buy a house in ME. My husband was unfortunately out of work for the year. Unemployement for 8 months, nothing for the rest. We filed a motion for modification with the court to reduce child support as we were out of money. The court ordered that we continue to pay the $150.00 then in Sept. pay $200.00 / $50.00 to go towards his 18 year old's college tuition. My husband works two jobs, I work 50 hours, we have no tv, no high speed internet, we reduced cell phones from three to two (one for his daughter we have paid since we met) we have some CC debt unfortunately. All our bills that we have now are things we cannot get rid of. Our money goes 100% to bills. we have nothing left for medical bills, excise taxes, clothing, sports for our son. We borrow money for that. Unfortunately in court she said we received 63K from the sale of our house, he received 80K settlement and has not paid any uninsured medical/dental for years (SHE NEVER GAVE THEM TO US and we DID NOT GET THAT MUCH MONEY) We had NOTHING to back our selves up with (shame on us I know now!) We used our tax money up to pay everything up. We have in the past bought clothing, food, and brought the kids on trips. We bought a laptop for her college with printer. We pay for prom and school outings. The mother spends money foolishly- like getting braces twice, the kids go to the dr. 4 times every month. (the children are 17/18 now and each have jobs, bought their own things) my question is...it has been since April 1 since the judgment, is there anything we can do? Can we still file a motion for reconsideration? or do we need to wait 6 months to do another motion for modification? do we even have a chance of reducing it! THANK YOU!

 

[kmeida28]

Also the dept. of revenue child support div. guidlines showed that by income we should be paying $105.00 a week. I also want to stress again that we 100% have no "luxury" spending, every penny goes to bills. (heating, electric, mortgage, phone, CC debt, food, gas, one vehicle payment, car insurance, daycare)

 

[kmeida28]

OK, a few last comments! I promise.. The mother also makes more money a year than us combined! Plus child support. We are supposed to claim one child as a tax deduction, but she has every year. The divorce agreement does say so long as child support is up to date every month. Sometime employers pay late, or if there was a job change it takes a while to process through DOR. Therefore if it has been late ONE MONTH we technically do not get to claim one child. ok please write back and help me! I also have all documentation for the settlement, our house closings, re-fi, and buying our new house. Receipts of things we have paid for the kids, ect. If we went back to court, I would be prepared. The judge also stated in the judgement that my income and my husbands equal close to hers... why are they including my income? and if they are then they should include my son who gets NO support plus she has a fiance of 5 years! They should include him as well. My husband has also had NO say in medical decisions, school decisions, and basically EVERYTHING else.... OK THANKS!!

 

[kmeida28]

Well, we had a free consultation with a lawyer. She said if we had gone to her at the begining she would have said not to go at all. Our option now is to wait until October to try to modify again. However we would have to prove a difference from the original judgment in April to Oct. We cannot go in and say we did not represent ourselves properly as we didn't understand. So we will see what happens.....