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Lawgirl
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i have bipoular disorder and have proof by doctors

Customer Question

''i have bipoular disorder and have proof by doctors and they say i need to change jobs in order to take proper meds and releave stress and get the right amount of sleep everynite and its not safe for me to be driving a tractor and semi trailer anymore. i just got approved for rebalitation program at DORS and been trying to get my child support lowered but the judge fails to understand mental illness and added 20 000 dollars to my tax return and said i can make more money and keep driving more what should i do ?
Submitted: 6 years ago.
Category: Legal
Expert:  Lawgirl replied 6 years ago.

DearCustomer

Thank you for your question.

If the judge feels that despite your condition you should be working or earning more, there is not a lot you can do to change his mind. You may consider consulting with a local attorney who has a rapport built up with the judge to see if that would help your case, but as far as your ability to either change jobs or lessen the amount you work, you will have to abide by the judge's child support order.

So, you can either try to find a less stressful job that pays more and allows you to meet your child support obligation or see if your doctor has any ideas on how you can maintain your sanity while working your current hours at your current job.

A judge has the discretion as to whether to lessen your support based on your illness. If the judge is not inclined to cut you any slack, there may not be a lot you can do. Either way, while you are figuring this out, you will want to pay the mandated support and adhere to the judge's order, failure to do so may find you in contempt of court.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

Customer: replied 6 years ago.
I'm jus wondering if this is not cleary a discrimation aginst me for being mentaly ill under the ada laws.I'm allready over 20000 behind in support and have never earned the amount of income that its based on.just because I have a cdl licens I have to get a better paying job? And is it legal to put me in a job that my doctors are saying is putting my health and other peoples lives at risk because of the meds I'm taking and the ones I can't to help my illness.is she giving me a licenes to leagely kill someone on the highway?do u understand mental illness or are you discrmating me to?I don't understand. Are you filmure with any ada laws? Please help me if you can thanks
Expert:  Lawgirl replied 6 years ago.

Unfortunately, it is going to be difficult to prove that the judge is discriminating against you because of your disability. Chances are that the judge has a greater interest in ensuring that your child receives the requisite support.

The judge has discretion to require you to pay the amount that she feels that you, as the parent of a child, should be making. Right or wrong, it is within her discretion. I do not think that she is trying to force you to kill someone. It sounds like she is trying to motivate you to earn what it takes to support your child(ren). to me that even if you are unable to continue with your current job, she is recommending that you maybe get one or two other jobs that do not put so much stress on you.

I am familiar with the ADA laws, but I do not think you can prove discrimination. Chances are this judge is not treating you differently than any other parent who tries to reduce their financial obligation to their child(ren) in her court.

Good Luck!

-KAT

Customer: replied 6 years ago.
Your rite she not treating.any different than the next person .that's why its demicreation in my eyes because I am different I have a mental disabilty.That's why the dep of reb svc acceped me for rehab.I'm not trying to avoid support or work just trying to follow docs orders to remain healthy.judge liable for a fatel accident if I have one?
Expert:  Lawgirl replied 6 years ago.

I understand your frustration (and if you are not frustrated, you deserve to be). However, the judge is not requiring you to keep a job that will result in a fatality. The judge merely wants you to maintain employment at a level that supports your child(ren). So, no the judge will not be responsible for a fatal accident. (Which I really hope you do not have.) Nor is this discrimination. It is merely a crappy decision that requires your compliance.

I am sorry.

 

 

 

Customer: replied 6 years ago.
No u don't get the picture she does want me to keep driving even after the doc report said its un safe and unhealthy because she set my support based on a over the road driving job.she failed to use docs advice and the fact dep of rehab a gov funded org DORS wants to retrain me because of this illness.ADA protects people like me do they not?
Expert:  Lawgirl replied 6 years ago.

I understand what you are saying, but I am also convinced (as someone who has dealt with this issue many times in family court) that if you told the judge that you were going to change jobs but make the same money, she would not have a problem. I have had clients leave prestigious jobs for less complex jobs, the feeling of the court is that if they can maintain their child support obligations at the requisite rate, the court really doesn't care what you do (as long as it is legal).

The ADA does protect people like you, just not in situations like this. You need to prove that she is discriminating against you and this will not qualify as discrimination. It sounds to me as if this judge is unconvinced about your conviction to support your family and so she is holding you feet to the fire. Keep in mind that judges also have judicial immunity, so it will be very difficult for you to bring any sort of claim against your judge.

Good Luck!

-KAT

 

Customer: replied 6 years ago.
Ok what is judcial immunity? And understand this my current support was set on my x wifes income to start with because I worked for her the past 5years with no check 2 me.The judge used her 1099 with no deductions.my new attorny says they can't go back and do anything now,but I've never been able to hold a job or had one because of illness helpme!
Expert:  Lawgirl replied 6 years ago.

Judicial immunity is the immunity afforded to a judge who is doing her job. Immunity means that as long as the judge is acting within the confines of her position, she is immune to prosecution for doing such.

It sounds like you have a judge that is frustrated that you are not working to your full potnetial, regardless of the reason. Although I would love to help you, there is not a lot that can be done.

Customer: replied 6 years ago.
I'm working 70 hours now its the reason my condition is getting worse.I asked what is judcial immunity? How it works and do I have any rights as a mentaly ill person?Ithink everyone is taking advantge of me finally the gov.is trying 2 help me and the state is trying 2 put me in jail because I can't and never did make the money they want me 2.
Expert:  Lawgirl replied 6 years ago.

Judicial immunity is the immunity afforded to a judge who is doing her job. Immunity means that as long as the judge is acting within the confines of her position, she is immune to prosecution for doing such. This means if you sue her, she can use the excuse "I was just doing my job" to get your lawsuit thrown out of court.

In family court, your rights as a mentally ill person trump your right to financially support your child(ren).

I'm sorry.

Customer: replied 6 years ago.
I'm glad you think she is gone to get by with saying she is doing her job by not listing to a legal thearpist about doctors advice and my comdition and trying to force me and the public to remain in a unsafe enviorment.I have been supporting my kids weekly but my income is limited do to my illness.sounds like I should stop seeing the doc and quit taking meds and thank this judge for the cure.sorry I'm a victom of mental illness. But I'm not retarted this violation is not a faimly court matter.or a question for a paralegal or lawyers for dumbies.hope you pass the bar one day and can help a viction like me someday. Thanks for nothing
Expert:  Lawgirl replied 6 years ago.

With due respect your response was uncalled for. However, your response may illustrate part of your problem.

I wish you the best of luck.

-KAT

Customer: replied 6 years ago.
Get a life real lawyers don't work on sundays or answer questions for five dollars ha ha good luck but I just got the rite answer from a real lawyer you don't fool me

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