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Child support question

How does child support work? ExDH and I agreed on an amount rather than going to court but I recently found out that he should be paying double what he pays. I'm taking him to court. What should I expect? And does all the Cs have to go directly to the kids or can you help pay bills with it?

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jenny3344

Asked by jenny3344 at 12:35 PM on Dec. 4, 2013 in Money & Work

Level 20 (8,312 Credits)
Answers (9)
  • Child support is based on his wages, and each state has their own formula. You can probably find the information for your state online.

    Child support is meant to support the child....a child has to have a roof over his head, water to shower, food on the table etc., so yes, it can be used for those bills. If your ex was living with you, he would be helping to pay for those items, it's part of being a parent.

    Good luck mama.
    ohwrite

    Answer by ohwrite at 12:41 PM on Dec. 4, 2013

  • CS goes into your account and you pay what you need with it including rent food, utilities as well as medical and clothing and toys. All of that is supporting the child.
    Here the father is required to carry (or provide) the insurance for the child as well as child support.
    Dardenella

    Answer by Dardenella at 12:48 PM on Dec. 4, 2013

  • Child support supports the child. If something benefits the child, you can use child support for it - clothing for the child, haircuts, school supplies, mortgage/rent, electricity, food, all that kind of stuff benefits the child, so yes, you can use child support for it. You're not supposed to use it for things like getting your own nails done, for example. But putting gas in your car, or buying a car? You need that to take your child to school or the bus stop or daycare, you need that to get back and forth to work - again, benefits your child, so yes, you can use it for that. Generally speaking, though, no one really checks up on what you use it for.

    As for what to expect, it varies. No proof of prior payments, some judges might order him in arrears right off the bat, others might start support from this point forward. It all depends. Good luck!
    wendythewriter

    Answer by wendythewriter at 12:50 PM on Dec. 4, 2013

  • it has to go to the kids and that is why it is called child support, he can give you something called spousal support.
    christina122952

    Answer by christina122952 at 12:56 PM on Dec. 4, 2013

  • Then he could be responsible for 8 years of arrears b/c there is no proof of pmts? I wouldn't ask for that but a judge can order that even if I say he has paid some? Wow. Maybe he can order him to pay the other half of what he should be paying. I never thought about that.
    jenny3344

    Comment by jenny3344 (original poster) at 12:57 PM on Dec. 4, 2013

  • Then he could be responsible for 8 years of arrears b/c there is no proof of pmts? I wouldn't ask for that but a judge can order that even if I say he has paid some

    Not necessarily. I said the judge COULD. It depends on your state, and the judge. I know several judges where I am that if the payments don't go through the state, they're considered gifts and not support payments. Especially if the custodial parent claims that it was a gift, or that no payments were made. But there are others who will credit it as support - it's at their discretion. That's why I always tell people if they're going to do something like that outside of court, they should make sure to have receipts for all of it, because if it comes down to he said/she said, the judge could make you have to pay money you already paid simply because you have no proof.
    wendythewriter

    Answer by wendythewriter at 1:00 PM on Dec. 4, 2013

  • Then he could be responsible for 8 years of arrears

    very unlikely
    you two both agreed not to go to court all those years
    the court ordered CS will start with the court date

    states differ, but around 17% of his income for one child,
    if he has other kids- then less,
    and if he has more kids with you and only you- then more
    fiatpax

    Answer by fiatpax at 1:06 PM on Dec. 4, 2013

  • The amount we agreed on works for us.
    virginiamama71

    Answer by virginiamama71 at 1:54 PM on Dec. 4, 2013

  • Yes you can pay your bills with CS. But why would you want to depend on it to pay your bills. Then he stop paying for whatever reason and then you are screwed. Because you are use to the CS to pay bills. Pay your bills with your money and use the CS for extra stuff like cloths.
    louise2

    Answer by louise2 at 2:44 PM on Dec. 4, 2013

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