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Here Is my situation. I am currently 30 years old and in the roughest time of my life ever. I currently have a child support order for the craziest female in this world that’s far from the issue. When this issue first took place I was making 48 thousand dollars a year. Less than 2 months after that child support order went through I had lost my job and my company shut down out of no where. I had to relocate from Las Vegas Nevada where the order took place to California to a new job. Now here is where it is getting just obscene. The order was for 760.00 monthly plus insurance. When I was making 48k that wasn’t a problem I want the best for my kids. Now 3 months after the order went into effect I found a new job making only 16.00 hourly tough times call for get a job where you can to support your self the best way you know how. Now from October to current I am forced to still pay the 760.00 + 460.00 a month to cover my self and my twin boys who are on the child support and my fiance who also works but taking care of her sick mother who can’t work. Now my paychecks are like 250-280 a paycheck how is this legal how is this humane. I have been begging and pleading to have the child support reduced and feel like I have been played with first the case worker says oh yea no problem it will be reduced just send in some documents no problem I complied. Then 2 weeks later I get told in a letter form that half of the words are misspelled and very poor grammar. In that letter it basically says to bad you shouldn’t have moved to California and to hire a attorney. This letter is nothing short of sarcastic and very demeaning. I have been living with my fiance and her poor mother since October and I have been forced to live on 500.00 a month since then. I have sent the courts my bills and expenses and still get nothing. I have a 400.00 car payment that I was forced to get because of my child’s mother ruined my credit and I need a viechle to get to work. Now how in the world am I supposed to get gas,food, pay for rent utilities bathroom supplies soap toothpaste and every essential product needed to live my life off of 100.00. I have made well over 20 attempts to several agents and explain my situation and everyone forwards me to speak with my case worker who never returns any of my calls. I also have another child support order for 500.00 for a child here in California and have been going through almost the same thing with them each county says for me to tell the other county to reduce the child support. Now in the meantime how in the world can I hire a attorney to help me fight this when I have no money. I have searched through out California for pro-bono workers and I have to catch the right season for that. It is a blessing that I am living with my mother in law or literally I would be in jail for not being able to pay for the child support cause I have no job or because I go back to my younger days and make money from the streets but all that does is ruin lives. I need some good direction I don’t need anyone telling me that I shouldn’t have had kids cause they aren’t the problem I love them and wouldn’t trade them for anything it’s not their fault. I have a great job that I don’t want to lose and actually I help people who are in better situations than me. I work on mortgages from Bank Of America. I just think that I am getting a real raw deal and don’t deserve it and I need someone to hear me and understand me because plain and simple this is some bull shit and I really need some good direction. I would like to sue the state of Nevada for the stress that this has caused I have developed serious internal issues like stress sleep disorder major anxiety not to mention a great strain on my relationship. If anyone has taken the time to read this I really appreceiate it I just need to get this off my chest. I really am a good dude and just wants whats right for myself and everyone. I dont mind paying child support just whats fair.
Thanks.
Thomas Kelman.
Sorry also a petition was filed and was told no because the child support hasn’t been a full year.
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7 Responses to Can I sue for emotional stress or something alike it. ?
Alli K.
July 16th, 2010 at 1:44 pm
Sue for emotional distress? No. Sorry.
Just file a petition to reduce the amount. Not a big deal.
RangersLeadTheWay
July 16th, 2010 at 2:04 pm
You have an iron clad right to have your Child Support Order modified to your current situation. If the letter you received was from the child support enforcement agency in your state, you need to save the letter, and have that employee disciplined. As far as suing a state agency, you’re probably out of gas before you leave the drive way. Most states have laws specifically designed to indemnify such agencies against claims.
Ruth C
July 16th, 2010 at 2:43 pm
no. life is stressful.
Pearl L
July 16th, 2010 at 2:50 pm
maybe you should stay married to the mother of your children and then you can support them without the courts bothering you
brooke
July 16th, 2010 at 3:49 pm
i read your story five times and i cried, i don’t understand what your going through because im only 14 but my dad stopped paying child support a long time ago, so i no what the stress does to you because it happend to my mum, i really feel for you, your soon to be wife and your twin boys, so i did some research and i really hope you get what you can out of this.
Suing for Emotional Distress
If you are a victim of the negligent or intentional actions of another person that causes you emotional distress, you may be able to recover for your damages. The extent of your recovery for emotional distress is generally limited by the amount of damage you suffer, and the severity of distress inflicted. Many lawyers are hesitant to take a case based solely on emotional distress because the amount of damage can be relatively small.
Two Types of Emotional Distress Lawsuits
There are two types of emotional distress lawsuits: negligent infliction of emotional distress, and intentional infliction of emotional distress:
■Negligent Infliction of Emotional Distress
■Negligently acting or not acting in a way that causes someone to endure emotional pain
■There must be a connection between the wrongdoer’s conduct and the emotional distress
■To be successful in a lawsuit, the distress must result from a physical injury or be so egregious that it results in physical symptoms
■Intentional Infliction of Emotional Distress
■The wrongdoers conduct must be intentional or reckless
■The conduct must be outrageous and intolerable
■There must be a connection between the wrongdoer’s conduct and the emotional distress
■The emotional distress must be severe
■To be successful in a lawsuit, the distress must be very extreme or outrageous
Do you Need a Personal Injury Attorney to Sue for Emotional Distress?
If you or a loved one have been injured by the intentional or negligent acts of another, you should speak to an attorney immediately to learn more about preserving your rights and remedies. A lawyer will be able to explain the value of your case and help you navigate through the complicated legal process. Most lawyers who handle these types of personal injury matters work on a contingency basis.
To sue for emotional distress you must have a doctor support that diagnosis. You can’t decide and convince a court you suffer from emotional distress without a doctors diagnosis.
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