I Have No Rights and the NJ Court System is Portraying Me As a Criminal
Divorced almost 5 years. At the time of my divorce the court declared my "past three years" of income above the means awarding my ex-wife (a stay-at-home mother) $14,000 a month in Alimony and Child Support. $10,000 of it was "Alimony". I don't understand why the Courts look at the "past" when they should be looking at current income. And why do the Courts believe that my ex-wife if worth more than my children?
I work for the NYSE and if anyone reads the newspaper they will know that at that time jobs on the NYSE were depleating rapidly due to the fact that trading became electronic based, and I in turn ended up losing a ton of business. I work on commission, so if the trade orders are not coming in, I don't get paid. Over 3500 employees were laid off on the NYSE. I am just lucky to have a job.
Today, things have not gotten any better, as a matter of fact they are worse then ever. My income has dropped in the past 5 years over 60%. But the Courts don't care -- they just keep looking at the amount I "USE" to make. I ended up depleating my entire savings/retirement accounts to pay the alimony/child support since my monthly income did not cover it, and my bills.
Over the past 5 years I have paid my support payments (both alimony and child support), on-time and have NEVER missed a payment. In January 2009 I was granted a reduction in both Alimony and Child Support (down to $7000.00 a month), but in January 2010, my income took a big hit and I was not netting enough monthly to cover both alimony and child support. However, in good faith, and understanding that my ex-wife has bills to pay -- I continued to pay what I could (approximately 50-60% of whatever my take-home pay was).
That was not good enough for my ex-wife who recently took me back to Court. Filing a Motion stating that I was acting in BAD FAITH not paying her the full amount.
Although my Lawyer filed a Cross-Motion explaining to the Court my current income situation and providing all types of documentation to back it up -- the Judge DIDN'T EVEN REAN MY CROSS-MOTION and indicated that I have to continue to pay the Alimony/Child Support ($7k) and that I also had to pay the money in arrears for the past few months,which will now add an additional $500.00 a month to my payments. The Court also motioned that I have to pay for ALL of my ex-wife's court/lawyer fees, which was an additional $3000.00.
WHERE ARE MY RIGHTS????? I have been trying my best to keep providing what I can to my ex-wife for her and my children. However, the Court is going to MAKE ME A CRIMINAL, because when I don't make enough during the month to cover the support payments they will eventually put me in Jail. And I have not even done anything wrong.
The New Jersey laws MUST change. It needs to be fair. I understand that my ex-wife didn't work in almost 18 years, but she is more than capable of finding a job. I think the Court should change the system to award spouses Alimony for a certain period of time (NOT LIFE LIKE MY ALIMONY IS FOR). It should be enough time for the spouse to get on their feet and find a job.
Who give the Spouse the right to be able to live the way they were accumstomed to, while folks like me -- hard working people - end up POOR.
I JUST BECOME A CRIMINAL IN THE COURTS EYES!!!!!!!!!!!