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Can You Believe This?!
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  November 3, 2005  
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Dear Bob,
 
PBS Campaign Update
 
This feature will appear weekly to highlight stories that are just plain ridiculous or downright outrageous. F & F will generally draw these items from recognized news sources; when originating as personal communications, only those accounts that appear plausible will be posted. But F & F does not independently verify any item.

Three days ago, Dan Sabbatelli received a shocking notice from the court: his child support order would not be reduced even though he has lost all income due to illness.

Here are the facts.

Dan, an F&F member, is a union electrician, with previously steady earnings. Since his divorce, he has had joint physical custody of his three daughters, whom he has cared for approximately half the time. Despite this, he has enjoyed no reduction from full Guideline child support orders. He has always paid his child support on time.

Last December, he noticed an enlarging lump, and was soon found to have non-Hodgkins lymphoma, a life-threatening cancer. He has not been able to work since that time. He has undergone a demanding regime of chemotherapy, followed by a month in the hospital for a bone marrow transplant. He has suffered fevers, nausea, vomiting, weakness, pain, hair loss, and weight loss, among other symptoms. His doctors have forbidden him from working at all for at least another four months, and some kinds of work are ruled out for another ten months.

Dan was unable to work beginning last December. He continued to have a dwindling income stream as payments came in for previous work, but this dried up after a few months. Although Dan’s youngest daughter is eight, Dan’s ex works only part-time cleaning houses. Earlier she had been a bank branch manager. She has made no attempt to increase her earnings since Dan fell ill.

Dan filed a complaint for reduction of his child support last February. Last week, Judge Langlois decided that Dan remains responsible for the full child support order. Dan must actually pay 30% of the order, and the remaining 70% will accrue; the judge will decide what to do about the accrual next October. Presumably, if Dan does well medically, he will be socked with a big arrearage. In the meantime, he must continue to pay 30% of the order from whatever savings he may have left over after paying his medical bills.
 
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Ned Holstein, M.D., M.S.

Fathers & Families

phone: (617) 542-9300
 
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