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Asked 1/22/2010
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My fiance has cancer and is on short term disability; Can his ex wife get an increase? My fiance has joint custody of his 4 children with his ex. He has cancer and is currently undergoing chemotherapy, on short term disability and the medical bills are enormous. When they divorced 4 yrs. ago they agreed to a low monthly amount in lieu of her keeping her 401K in tact (she makes four times more than him). She is currently foreclosing on the house they once shared to get an apartment and have more cash on hand. Because of his illness he had to reduce visitation by two days (the same days he gets chemo). This didnt' sit well with her and now she is threatening to take him to court for more money....Could she get it considering his current circumstances? -- Orlando, FL |
Answer 1/4 - Submitted 1/22/2010
How will foreclosing on her house give her more money? Do you mean she is etting the house go back, so she doesn't have to make payments on it,?
How is he paying the CS now? from disability inusrance?
She can petition for an increase, but if the income figures don't result in an increase she won't; the calculations are statutory. In addition, if she now makes far more than he does, she might end up accidebntly giving him a decrease. It is usualy fathers I warn that trying of r areduction might end up in an increase if incomes are different than at the time of the original order.
You should encourage huim to apply for SSDI are soon as it looks as if his impairments will last longer than a year. The children will then get a SS benefit that should make everybody happy, or as happy as they can be with this life changing event.
Answer 2/4 - Submitted 1/22/2010
She is currently in default of her mortgage and put the house up for short sale but its not selling. Since the house might be locked down soon the family will be moving to an apartment complex within the month and begin paying several hundred less in rent. His child support payments are made through wage garnishments on a weekly basis and will continue to come out of his disability check (the checks are only 60% of his regular income). His doctor and social worker have helped him apply for financial asisstance and food stamps so we can continue to afford feeding the kids when they visit. You are correct, we do not know how long his treatment will last but her constant threats and complaining is making him sicker with worry that we won't be able to make it. Thank you for quick response; we are seeking fairness and not a way out while we deal with these circumstances. -- Orlando, FL
Answer 3/4 - Submitted 1/22/2010
I understand, and as I said, he should apply for a reduction. When you have alife changing event, what else can you do? The courts like to make parents in a borken familiy THINK about what would it be like, if they were still married. The answer is, that everybody would have to tighten their belts, because being ill changes things whether you are intact or not. It would exactly the same. he would still be ill and receiving Short term Disability. You need to file asap, because the reduction cannot be retroactive, sooner the better.
You might mention to the clerk of the court when you file, the circumstances, that the father has cancer and is having chemop, and ask if she can fast track thei case on the dcoket instead of 3 months from now.
Answer 4/4 - Submitted 1/22/2010
So are you saying we should beat her to the punch and seek a reduction before she summons him for an increase? Can I be honest?......He feels guilty that he can't do more for them, always has even before he was diagnosed so the truth is we don't want a reduction, we just want to stop her "bullying" and prevent an increase. But I need to ask.....If he does do this than will our greatest benefit beside the reduction itself come from her having to stick to the order for another year? In other words, can we get an order to last for more than a year so she cannot summon us repeatedly?
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