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Spousal Support unjustly imposed

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SBreeden

Junior Member
What is the name of your state (only U.S. law)? Virginia
I live in Virginia and my fiance was ordered to pay spousal support. The judge did not follow the guidelines of the law. First he didn't make 50% or more of the marital income (she stated to the judge she earned $9 per hour at her job and my fiance only earned $15 per hour). She claimed to have been fired from her employment of 4 years almost 4 months after she threw him out of the marriage. She filed for spousal support and did not even show up and a month after this first attempt she filed again. The first time she filed she was employed and it was after the second filing she conviently got fired by stating her employer fired her after 4 years because of a "system update" and since she can't read or write she couldn't keep up. This employer has done updates before and there was never an issue. She brought in some facebook post and the judge did ask her if she couldn't read or write how was she able to post on facebook. The judge required no proof of the unemployment she claimed to be receiving at the time of trial nor did he require proof of her paying rent on a family home her sister owns which has no bathrooms and is on a shared well that is not in compliance with housing code. He also required no proof of her termination of her employment. My fiance however had to prove his income. Now since the judge went on her word alone she claimed to only be receiving $150 per week from unemployment...I know for a fact this was a lie also as under unemployment and her earnings from her job should be around $300 per week. Neither party had attorneys and my fiance cannot afford an attorney now to fix this because he has been fired from his employment due to all the court dates. He now has to go back to court because he can not afford the support that was imposed on him but he has paid her what he can afford after his living expenses. He has had to move and his standard of living has been greatly diminished just to try and survive. Now I have proof of this injustice and I need to know how can I go about having this undone on our own as hiring an attorney is impossible right now and no one is willing to do a Pro Bono. I have spent since the end of March trying to get someone to help or point me in the direction I need to go. Sadly I think his right to appeal has expired so I'm thinking we may have to bring some other kind of law suit.

"Well its based on your salary or hourly wage. If you make over 30k yearly one would be entitled to 378 weekly less tax. If you choose to have tax taken out jt would be 342. Number of weeks of eligibility Is determined by how much is made gross In each quarter of the year. Maximum right now is 29 weeks with no extensions." The statement in quotations was sent to me via a friend who is familiar with unemployment so this proves she gets more than $150 per week.

Thank you for reading and I hope and pray someone can offer some advice on where to go from here.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Virginia
I live in Virginia and my fiance was ordered to pay spousal support. The judge did not follow the guidelines of the law. First he didn't make 50% or more of the marital income (she stated to the judge she earned $9 per hour at her job and my fiance only earned $15 per hour). She claimed to have been fired from her employment of 4 years almost 4 months after she threw him out of the marriage. She filed for spousal support and did not even show up and a month after this first attempt she filed again. The first time she filed she was employed and it was after the second filing she conviently got fired by stating her employer fired her after 4 years because of a "system update" and since she can't read or write she couldn't keep up. This employer has done updates before and there was never an issue. She brought in some facebook post and the judge did ask her if she couldn't read or write how was she able to post on facebook. The judge required no proof of the unemployment she claimed to be receiving at the time of trial nor did he require proof of her paying rent on a family home her sister owns which has no bathrooms and is on a shared well that is not in compliance with housing code. He also required no proof of her termination of her employment. My fiance however had to prove his income. Now since the judge went on her word alone she claimed to only be receiving $150 per week from unemployment...I know for a fact this was a lie also as under unemployment and her earnings from her job should be around $300 per week. Neither party had attorneys and my fiance cannot afford an attorney now to fix this because he has been fired from his employment due to all the court dates. He now has to go back to court because he can not afford the support that was imposed on him but he has paid her what he can afford after his living expenses. He has had to move and his standard of living has been greatly diminished just to try and survive. Now I have proof of this injustice and I need to know how can I go about having this undone on our own as hiring an attorney is impossible right now and no one is willing to do a Pro Bono. I have spent since the end of March trying to get someone to help or point me in the direction I need to go. Sadly I think his right to appeal has expired so I'm thinking we may have to bring some other kind of law suit.

"Well its based on your salary or hourly wage. If you make over 30k yearly one would be entitled to 378 weekly less tax. If you choose to have tax taken out jt would be 342. Number of weeks of eligibility Is determined by how much is made gross In each quarter of the year. Maximum right now is 29 weeks with no extensions." The statement in quotations was sent to me via a friend who is familiar with unemployment so this proves she gets more than $150 per week.

Thank you for reading and I hope and pray someone can offer some advice on where to go from here.


What does he expect to do after he's let the appeal time expire?

Do YOU understand that the court may deviate if it is deemed appropriate? Why didn't he bring his evidence? These are all things he should have asked about BEFORE his court date.

You can't do anything, and it seems like what you think you know is far greater than what you actually know about this situation.

Get him here to ask his own questions please, or pay for his attorney.
 

stealth2

Under the Radar Member
Oy. Do you realize you are no one in this situation?

O/T Thinking I should move to VA - I'd make more in unemployment...
 

commentator

Senior Member
Every unemployment insurance situation is a little different. But just because the max in VA is $378, and if you made over about $30K in a year, and those wages were consistent in each of the four counted quarters, you'd probably set up a claim for that that does not mean, in any way that your friend "who knows about unemployment" could stand back and say this person HAS to be making that much in weekly benefits.

You don't have a clue how the quarters were broken out in her claim, exactly how much the husband's ex spouse had worked in those counted quarters, or whether she might have had a possible previous overpayment, or any of a number of factors that would affect the amount of unemployment she would draw. So get over this bull about how she must've lied and she must've been drawing this amount instead of this amount....yada yada yada. It's over now, and it's none of your business anyhow.

And unemployment is so very easy to prove or disprove, for an official record, that it would make very little sense to lie about it. And no matter HOW much it was, it is only for six months or 26 weeks maximum, no more in a calendar year. She's probably not drawing it now. I bet your husband has found out about it a bit more. He did file a claim after he was fired from his job, didn't he? His firing wasn't "convenient" like hers was, I assume.

And now you want to go back to court and sue somebody (I'm like the attorney you may have talked to, I don't see any potential for a profitable suit, as nobody you could sue in this case has money to get!) but you want to right the "injustice" that has been done. In other words, you feel that your husband's ex went to court and they didn't figure her income accurately, she lied and they allowed it, and they made him responsible to pay support, which was like, totally unfair! and he has now suffered a big loss of income because he has been fired and cannot pay support either and you want him to right this injustice. He would do better to get it established through the courts that he is no longer able to pay support because he is no longer working. But this is his row to hoe, not yours. Seriously, you forget all this.
 
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Eekamouse

Senior Member
Every unemployment insurance situation is a little different. But just because the max in VA is $378, and if you made over about $30K in a year, and those wages were consistent in each of the four counted quarters, you'd probably set up a claim for that that does not mean, in any way that your friend "who knows about unemployment" could stand back and say this person HAS to be making that much in weekly benefits.

You don't have a clue how the quarters were broken out in her claim, exactly how much the husband's ex spouse had worked in those counted quarters, or whether she might have had a possible previous overpayment, or any of a number of factors that would affect the amount of unemployment she would draw. So get over this bull about how she must've lied and she must've been drawing this amount instead of this amount....yada yada yada. It's over now, and it's none of your business anyhow.

And unemployment is so very easy to prove or disprove, for an official record, that it would make very little sense to lie about it. And no matter HOW much it was, it is only for six months or 26 weeks maximum, no more in a calendar year. She's probably not drawing it now. I bet your husband has found out about it a bit more. He did file a claim after he was fired from his job, didn't he? His firing wasn't "convenient" like hers was, I assume.

And now you want to go back to court and sue somebody (I'm like the attorney you may have talked to, I don't see any potential for a profitable suit, as nobody you could sue in this case has money to get!) but you want to right the "injustice" that has been done. In other words, you feel that your husband's ex went to court and they didn't figure her income accurately, she lied and they allowed it, and they made him responsible to pay support, which was like, totally unfair! and he has now suffered a big loss of income because he has been fired and cannot pay support either and you want him to right this injustice. He would do better to get it established through the courts that he is no longer able to pay support because he is no longer working. But this is his row to hoe, not yours. Seriously, you forget all this.

He's not even OP's husband. It's NOT her business.
 

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