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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116780
Experience:  20+ Years of Employment Law Experience
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I am in a divorce. At the onset of the divorce my wife

Customer Question

I am in a nasty divorce. At the onset of the divorce my wife and i roughly made about the same amount ( she actually makes a little more than i do ) She covers the childrens medical and has been temporarily been awarded as the residential parent ( we both
have joint custody). During a hearing regarding the mortgage, the judge awarded her 1. 50% of the mortgage 2. 50% of the children's school( catholic school) 3. 50% of repair costs to get the house in order for sale. Since then due to a contempt on her part
she shut my cell phone off and cost me my position at work. ( i was making 72k plus 500 per month car allowance) Now i am filling out paperwork to have my child support reduced but noticed that in the paperwork worksheet there is a deduction for maintenance
payments. It should be noted that i also pay for a car ( full payments and insurance) . Due to this action i am now homeless and in a heck of a custody battle.( please note that i have filed a contempt item regarding her actions on the phone and it is pretty
solid- however my experience with the contempt items that i have filed so far - they are worthless - she has 8 now) Should I 1. include the amount of items awarded to my wife as maintenance in filling out the worksheet? 2. Try to re-open or file a motion for
the judge to re-evaluate our circumstances? or am i just in trouble? Secondly- my employer has provided me with a transition to a lesser position where i theoretically could make more money ( i am a long time Mortgage professional established in multiple states)
they have provided me with a salary of 4k per month for 3 months then i will transition to minimum wage after that. If i make a request to alter my child support payments now at 4k will i be hurting myself later and keep myself from trying to alter it again
shortly in a few months? It happens my employer has asked me to sign a non-compete that i cannot sign and will likely lose my job on thursday- i have other job opportunities that are looking pretty good-
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You should indeed include all of the payments to your spouse as maintenance in the worksheet to show what you are already paying and to show the significant financial hardship caused by paying that along with your other support based on your significant change in financial circumstances.
However, based on your salary now, you would need to consider waiting until you can show the decrease. Your signing a non-compete does not mean you cannot work elsewhere in another industry is what the court would say and your skills in selling mortgages or in the mortgage business would translate into other industries that would not violate your non-compete, so you would not want to use that argument with the court either.