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  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Question Disabled, Workers Comp, and Support Arrears

    My question involves workers compensation law for the state of: California.
    I have a court order for child support for my daughter. She is 21 now. So I don't pay child support anymore. But I owe $45,000 in back arrears. I was injured on my job in 2003. And I am on workers' comp. before I got injured they were taking $700.00 a month out of my checks. Then I got evicted had my vehicle repossessed because after they took out money I had $350 left a month to live on. So I was granted a modification and lowered my payments to $294.00 a month. OK . Well I live in a different county from where the support order was filed. 4 hours one way 325 miles. They kept trying to suspend my license but since I have a Class A with all endorsements and that was my job I drove tow trucks for a living. then when they couldn't do that because that was my source of income they started serving me with contempt of court orders I was going up to that county at least 4 times a month for one reason or another they would postpone or something else. Then in 2003 I got injured on the job and suffered multiple injuries I have had 3 spine surgeries and 2 shoulder repair surgeries. Now they take the $294.00 out of my workers' comp check and that leaves me $1,000.00 a month and my rent alone is $900.00. I have been rated at 100% totally disabled. I am in the process of starting my social security disability. I filed for COAP and it was denied. Oh and for the past 10 years they take my taxes over $4,000 each time. I know I probaly need to get an attorney. But I can barely pay my rent. I can't make any more trips up to the county where the order was granted, because of my disability. so I never filed a petition to modify the arrears. I had to drop out of direct deposit because they would take out money without my permission all the time like $300-$400 at a time. without notifying me. then checks started to bounce and the bank fee's started to add up. So my question is the court is trying to put a lien on my workers' comp settlement and they probally will take my social security disability too. PLEASE PLEASE somebody tell me is there a way I can stop this from happening. my daughter is 20 now and He hasn't let me see her since she was 4 years old. and we were never married. He was very abusive to me and I had 2 boys from a previous marriage who at the time were 4 & 6 years old. He was sexually molesting my boys when I worked during the day. but the boys were so scared of him they never told me. One day he beat me up in front of my kids and told me to get out. when I tried to leave he put a gun to my head in front of the kids and said u take your boys but our daughter stays with me. that was the last time i seen her. police would not get involved at all. Is there a way I can tell them about my disability because I will not be able to live on what little money they will leave me. I need help so bad with this but don't know where to go. After 10 years my sons finally told me what he did to them. and I tried everything to file charges but the courts said the boys waited too long and now nothing could be done. they both take medication for depression and other mental problems from this. Is there anything I can do to have them stop taking all my money please advice. HELP

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: This Situation PLEASE

    try to petition the court to see if any modifcation can be made based on your circumstances. you have nothing to lose.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,693

    Default Re: This Situation PLEASE

    A modification cannot be done on the arrears, it's money already owed and the court has determined that time and time again, since the OP has already had the order modified.

    Unfortunately, you owe the money, no matter what the sad circumstances are.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Disabled, Workers Comp, and Support Arrears

    IF your ex never recieved public assistance, do you think she would be willing to forgive the arrears, or to accept a smaller amount per month?

    If she is, you can file for a modification of the payments, along with ex's agreement. Unless ex competely forgives the arrears, you'll still owe the whole amount, however, it should be possible to have the payments modified to 50% or less of your income.

    You should get a consult with a local attorney to make sure that this is possible.

  5. #5
    Join Date
    Jul 2008
    Posts
    3

    Question Re: Disabled, Workers Comp, and Support Arrears

    I am a female who is asking this question Iam considered the non-custodial parent. My ex is the father of my daughter. Also everytime I do searches online (and that cost $$$ everytime you search for someone). Then when I do finally locate his new address and phone number. And try to contact him, he always moves and or changes his phone number. And every year for all holidays and birthdays, I always send her cards or letters but they always come back unopened and they say refused return to sender. So I have 3 shoeboxes filled with returned letters and cards. So hopefully one day I will see her and then I can say to her. Look I tried and tried over and over to try to get in touch with you and if u don't believe me I can then show her the proof all the returned mail he sent back to me. So I have no way to contact him to see if he would agree to anything..

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Disabled, Workers Comp, and Support Arrears

    Quote Quoting boricua65
    View Post
    I am a female who is asking this question Iam considered the non-custodial parent. My ex is the father of my daughter. Also everytime I do searches online (and that cost $$$ everytime you search for someone). Then when I do finally locate his new address and phone number. And try to contact him, he always moves and or changes his phone number. And every year for all holidays and birthdays, I always send her cards or letters but they always come back unopened and they say refused return to sender. So I have 3 shoeboxes filled with returned letters and cards. So hopefully one day I will see her and then I can say to her. Look I tried and tried over and over to try to get in touch with you and if u don't believe me I can then show her the proof all the returned mail he sent back to me. So I have no way to contact him to see if he would agree to anything..
    I apoligize for not noticing that you are the mother.

    Keep trying to locate him or try locating your daughter if she no longer lives with dad. It's good that you kept all of the letters and gifts, like you said, maybe some day you will find your daughter and will be able to show her that you tried. I sure hope that when you do find her that she will be willing to listen.

    Go ahead and file for a modification of the order, it's worth a try at any rate.

  7. #7
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Disabled, Workers Comp, and Support Arrears

    I would like to do that but is there anyways I can get the courts to move it down here to my county? Because like I mentioned earlier If I have to go down there that is 4 hours one way. Do you know how I could find that out??
    The case is heard in BUTTE COUNTY and I live in ALAMEDA COUNTY in CALIFORNIA. I sure would appreciate any advice you can help me with.

  8. #8
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Disabled, Workers Comp, and Support Arrears

    Quote Quoting boricua65
    View Post
    I would like to do that but is there anyways I can get the courts to move it down here to my county? Because like I mentioned earlier If I have to go down there that is 4 hours one way. Do you know how I could find that out??
    The case is heard in BUTTE COUNTY and I live in ALAMEDA COUNTY in CALIFORNIA. I sure would appreciate any advice you can help me with.
    You'll need to find out what your state's requirements are for a change of venue. Typically, venue can be changed if your ex does not live in that county. However, if he does, venue probably cannot be changed. Then you can see if you would be allowed to appear telephonically.

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