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5 Bumps

I don't know a lot about this so excuse me if I sound stupid

If my husband and I agree in a monthly payment for our children (child support) do I need to go to court about it? I am about to leave my hubby but I want to be prepared with everything. He told me one time that I was going to get more money out of him without going to court. We have two children 4, and 2. We live in CA. and he makes around 50,000 a yr. He doesn't have any other children than I know. I do understand child support is based in a lot of things but

How much in average should I be getting from him? is it safe for me to trust him and not take him to court? Any advice is well appreciated

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Anonymous

Asked by Anonymous at 2:03 AM on Jan. 1, 2011 in Money & Work

Answers (15)
  • child support is based on his GROSS income....if you go to court, your child will most likely be put on his health insurance, pay 40-60% of childcare plus a percentage of his income. In my state it's 18%. That's what they base it off of. He's probably telling you you'll get more if you don't go to court, b/c he knows that's not true. You can ask what you want when you are the primary caregiver and if it's reasonable, you will get it. chances are you will also be required to attend mediation. If you do take him to court, make sure you have a decent lawyer. I would definitely take him to court...that way if he skips out on a payment for whatever reason or starts bullshitting you, you have paper proof...if you don't take him, then you're on your own...probably not a fight you want to battle every day.
    calliesmommie

    Answer by calliesmommie at 2:08 AM on Jan. 1, 2011

  • He might give you more than a court would but at the same time he can cut that off at any time. I'd just get it ordered to play it safe. And I wouldn't expect some huge amount, he makes 50k and needs the majority of that to live alone and then after child support your alimony won't be much.
    Id just get it ordered.
    DomoniqueWS

    Answer by DomoniqueWS at 2:10 AM on Jan. 1, 2011

  • I's go to court so it's all down on paper and legal. Who knows what will happen in the future, he may just stop paying.
    MumaSue

    Answer by MumaSue at 2:21 AM on Jan. 1, 2011

  • I'd at least speak to an attorney and get everything in writing. Everything can change if you don't have it documented.
    musicpisces

    Answer by musicpisces at 2:28 AM on Jan. 1, 2011

  • call a lawyer who gives free consults and ask him...maybe even talk to more than one. Just look up lawyers under "family law". The receptionist will tell u whether the lawyer charges or not. Some will talk to u on the phone.
    purplerobin

    Answer by purplerobin at 2:30 AM on Jan. 1, 2011

  • Here this is a link to the state of Cal child support calculator!!!

    http://www.childsup.ca.gov/Resources/CalculateChildSupport/tabid/114/Default.aspx
    momofone072506

    Answer by momofone072506 at 2:39 AM on Jan. 1, 2011

  • agree wit everyone else..better safe than sorry..hit the court system...
    FreeSpriT4eva

    Answer by FreeSpriT4eva at 2:43 AM on Jan. 1, 2011

  • alimony!

    sexyfancyface

    Answer by sexyfancyface at 2:50 AM on Jan. 1, 2011

  • Always get everything in writing, even if it's signed by him. That is still admissable in court. Personally, I'd get a divorce atty that also handles childrens law. There's more to raising kids than a feww hundred bucks a month, such as medical & dental, school, possibly college.
    Kathy675

    Answer by Kathy675 at 2:59 AM on Jan. 1, 2011

  • Well since he says you can get more from him than a court just let him know when its court ordered child support he is very welcomed and encouraged even to make up the differences if any by gifting the extra amount to you/kids and how nice of him to be so thoughtful, in the end when all is said/done if its not in writing and sometimes even then if not court ordered he can skip out occassionally then you take him to court and can't count the time period he didnt pay while not court ordered...and if he is one that gets an expensive birthday/christmas gift making the kids so happy but you are left with bills,... and he says he isnt paying you support that week, month cause gifts were so expensive, you are stuck with trying to pay bills, get gifts also, making repair bills for car tires, a water leak in house,.......and no support. if court ordered and he skips a few, he still has to pay his arrears.
    kingkongsmom

    Answer by kingkongsmom at 4:40 AM on Jan. 1, 2011

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