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Child support question!!!!

my bf pays his exwife child support for his twin boys..never been late or anything like that...but lately hes been hospitalized for a week at a time(twice). His ex wife is saying that he should pay her the difference that the state isnt paying because they can only take a % of his check and they have been short because hes been getting disability. But what i want to know i guess is that he dont have to pay that right...the state can only take so much..guess just wanna make sure we dont owe her anything....anyone know anything bout this???? thanks if you do..

Answer Question

Asked by tber22 at 10:42 PM on Jun. 24, 2010 in Relationships

Level 2 (0 Credits)
Answers (11)
  • The state can not take over 50% of his pay check, no matter what. So what he makes is what he makes. He doesnt owe her anything, especially since he was hospitalized you have that in legal documentation. She can try to fight it, she won't win.

    Answer by sassy_brizzy at 10:44 PM on Jun. 24, 2010

  • no offense, really, but are his kids eating less, wearing less clothes, needing less? No. I realize he is having a hard time, but regardless, a parent is a parent, and his kids needs haven't changed just b/c his circumstances have.

    Depending on the state and the divorce decree, she could go after him for money still owed each month, or sue him.

    Answer by collide at 10:48 PM on Jun. 24, 2010

  • I dont know about your state, but the state I live in (Florida) you owe a certain amount per month in child support. That amount is a set amount, if you dont make that amt in that month, and then you will end up owing that amount and be in arrears. For example, say that the amount you have to pay per month is $500 per month, but 50% of your paycheck for that month was $325. He would end up owing her (being in arrears) $175 for that month. Yes they can only take 50% of your paycheck, but you will end up owing the difference. My ex owes me almost $40,000 because of this. His income changed from when the child support amount was set years ago, and he never had it changed with child support, and still hasnt even though he knows how to do it. So he keeps owing me more and more money per month.

    Answer by dakajazz23 at 10:49 PM on Jun. 24, 2010

  • If the Friend of the Court sends you a letter saying you owe then you have to pay it .....If she says you have to pay...ignore her.....if your not sure ask the Friend of the court. If she is getting less money it is possible her assistance grant can be increased but bf does not pay the her or the state.
    I guess if she gets a cut in her money that is the way life works some times....what about the family that loses wages due to lay off, sometimes you just have to adjust your budget...doesn't sound like your bf's situation is not his doing...she needs to be a little less selfish

    Answer by gammiej at 10:54 PM on Jun. 24, 2010

  • She has said before that she(exwife) has called the state and they told her that she only gets % of his check no matter what he makes. But she keeps saying how am i suppose to pay my bills..well no offense to anyone but how are we suppose to pay our bills...i understand he has responsiblitys but hes never not put his kids first...but i mean that state is the one that decides right??she just wants us to pay her the difference but its not gonna happen. We have to live too...and have to be able to keep a roof over our heads as well for when they come over here..

    Comment by tber22 (original poster) at 10:59 PM on Jun. 24, 2010

  • i agree with you gammiej...the state would of gave her what she was intitled to if he still owed her that amount. but she wants it in sorry but we arent paying her anything...she was mad because we have it come out of his paycheck..she thought that he would just give her cash for his child i dont think so. Shes really crazy!! All she says is how am i suppose to pay my bills...

    Comment by tber22 (original poster) at 11:05 PM on Jun. 24, 2010

  • My ex stil owed me even for time he was in prison. Bills still need to be paid for kids and food and clothes need to be purchased. He owes what the state says he owes. He should know the dollar amount due each month

    Answer by admckenzie at 11:09 PM on Jun. 24, 2010

  • it gets taken from his check state takes it right from there...he has no control over it..i understand that bills have to be paid but so do our...we cant just make sure shes taken care of..u know

    Comment by tber22 (original poster) at 11:12 PM on Jun. 24, 2010

  • he has a set amount to pay and if he's under the amount, i'd call child support and see what THEY say! if he does owe her the money and you guys are able to pay it do NOT pay her. pay the state (CS workers will help you with that info) b/c if its given straight to her,its a gift and it doesnt count as CS $.

    i'd keep in contact with the caseworker and find out what s/he says

    good luck!

    Answer by Shy_Dia at 11:26 PM on Jun. 24, 2010

  • thank you shy dia...its been a battle lately. we also found out that shes been laid off shes hurting for money...

    Comment by tber22 (original poster) at 11:35 PM on Jun. 24, 2010

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