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Yet another child support question

My son is 16, we live in Wi and his Dad (sperm donor) lives in Indiana, well they are going after him for CS and today i get a letter from the prosectuters office in Indiana saying the want all my info, income for the last 6 months. WHY????? I have had the kid his whole life and his Dad has never paid a dime towards him. I am waiting for a call back from them but i just do not get it.

 
jenn4443

Asked by jenn4443 at 10:54 AM on Mar. 25, 2011 in General Parenting

Level 23 (18,409 Credits)
This question is closed.
Answers (11)
  • They take both incomes and use them to determine what % of financial responsiblilty each parent is liable for. If Dad is found to be 40% responsible based on income his obligations will be less that if he were found to be 60% responsible. The % is based on the difference in income between the two parents, who's paying insurance, child care, extraordinary medical costs if there are any. Some states give credit for time spent with child, some don't.

    A judge can not do what s/he wants. There are strict guidelines in place that dictate how cs is to be calculated. They feed the numbers into the formula and the amount is calculated. They are only allowed to deviate from that under well defined circumstances.

    Dad's not working may or may not let him off the hook for cs obligation. If he is found to be 'voluntarily' unemployed he gets no break. Again, there are specific guidelilnes in place to make the determination.
    desert_diva

    Answer by desert_diva at 11:09 AM on Mar. 25, 2011

  • In NC anyway they take into account both parents income and ability to pay. You can google child support calculator for where you live and most (if not all) of them ask for both parents income, how many overnights the child has with each parent, etc. That info is given to the Judge and the Judge can do whatever he/she wants, but that's the figure they start out with.
    missanc

    Answer by missanc at 10:56 AM on Mar. 25, 2011

  • they just need it for records...USUALLY in states that Im familiar with, there is a set amount that the father is liable for. In my state it's 18% of gross salary for one kid, 23% for two kids, etc....they need to know how much you make for records...My DH pays it and trust me, they don't care what the mom's make. it's their responsibility. Unless he's not working obviously.
    calliesmommie

    Answer by calliesmommie at 10:57 AM on Mar. 25, 2011

  • I have heard that child support is now based on both parents income. They take the cost of raising the kids and they factor in what you both make and come up with the support amount.
    ConcernedMom141

    Answer by ConcernedMom141 at 10:57 AM on Mar. 25, 2011

  • Most states take both parent's income into consideration when figuring the amount of support your son will receive. And why they use gross salary is beyond me b/c you don't actually bring home gross salary, how in the world can you pay something you don't have?!
    yesmaam

    Answer by yesmaam at 10:59 AM on Mar. 25, 2011

  • @yesmaam...My question exactly :) but here that's what they do.
    calliesmommie

    Answer by calliesmommie at 11:00 AM on Mar. 25, 2011

  • The prosecutor is entitled to this info in discovery. He can TRY all he wants to show you dont need support, but CS dosnt work that way. Your child IS entitled to support from the non custodial parent. Give him what he wants and is entitled to so you dont get hit with a bench warrant for refusing discovery.
    vbruno

    Answer by vbruno at 11:03 AM on Mar. 25, 2011

  • For any child support, they need all financial info. They still only base it upon HIS income.
    Jademom07

    Answer by Jademom07 at 11:04 AM on Mar. 25, 2011

  • Some states consider it a "Standard of Living" calculation. So that they can figure what you have provided and then they can base what they expect from him on that. In my state (MO) that's how they did our child support amount. It's nothing personal. Maybe call them and talk to someone about it, and they can clarify the process for you.
    MrsLeftlane

    Answer by MrsLeftlane at 11:09 AM on Mar. 25, 2011

  • I know in my case the Judge had discretion to do basically whatever he or she deemed necessary. It might differ by state, but my attorney told me that the Judge's final decision could be wildly different from what the state's child support calculator came up with, and it did!
    missanc

    Answer by missanc at 11:25 AM on Mar. 25, 2011

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