Originally Posted By: CWOL
Checked with my L, in my lovely state it is not possible to contest garnishment if child support is involved. If there is spousal support in the order, they will garnish it too.
This is terrible.
It's not the money but having it processed through our HR department will be an embarrassment for me.



If she drags her feet finding a decent job that will eventually reduce your support and alimony maybe you'll find it easier to petition to allow you to relocate with the kids to another more favorable jurisdiction. Of course, that's not why you petition...instead you request the modification because of the wonderful job opportunity you found in the other state and if your ex-wifes job isn't great there's nothing majorly holding you to that state. I don't know what the rules for relocating are in your state so you might want to look into that. I know New York it's pretty much impossible to relocate but other states are much easier. The sooner you become aware and and start working the weighing factors in your favor the better.

For example, if you happened to live in California here is how the court weighs the "best interest of the children" factors in joint custody cases (if you have sole custody - you can almost always move with the kids):

Quote:
At the hearing, the court will look at evidence related to the following factors:

1. The importance that the child maintain a stable and continuous environment, considering factors like how much time the child spends with each parent under the current arrangement, how long the current custody order has been in place, as well as the child’s ties to friends, school, and community activities and any special needs the child has
2. the distance of the move
3. the child’s age
4. the child’s relationship with both parents
5. the relationship between the parents, including how well they communicate with each other, whether they’re able to put their child’s interests ahead of their own, and how likely the moving parent is to accommodate contact between the child and the other parent
6. where the child wants to live, if they are of an age and maturity level to make an intelligent preference, as discussed above, and
7. the reasons for the move (while the moving parent does not have to show that the move is necessary, if there is evidence that the purpose of the move is just to disrupt the relationship between the child and the other parent, the court may factor this reason into the decision


I know it's a long shot but another advantage is you could have a smaller salary elsewhere and with the lower cost of living actually be making more ---- but then the alimony and child support would be calculated using your lower (but really equal ) pay and her higher California paycheck.

Your best bet is probably moving where your family lives and having them as additional support. That could help you with the factors. You should consider taking your kids there enough so that when the oldest is able to choose for themselves...they may WANT to relocate with you and that's another factor weighing in your favor. Your wife can either fight an uphill legal battle that she'll have to pay for (at that time she'll be your ex-wife and responsible for her own legal bills) or quit her stupid job making the least amount possible and pick up and move with you to where you are more comfortable (and in time - once jurisdiction is achieved - where you can then seek to modify the child support and alimony pursuant to that more favorable states standards).

It's a long shot....but if it's ever going to happen...you'll need to start planning and getting factors in your favor early.

Added bonus - it might also get your kids away from MIL....who is a bad influence now.


The internet is 90% complaining and entitlement and I hate it because I deserve better!