Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!

i have a question reg. childsuport..

Posted by on Jun. 18, 2012 at 5:09 PM
  • 26 Replies

bm took us to court in 2010 to up her c/s it was shown that we dont have much money so the courts only up it 27.00 extra a week. dh now pays close to 900.00 a month which it is what it is we would feel better if she used it for there need ( she buys herself clothes, and hair cuts and hair dye, going out while the kids have to beg for new shoes or clothes ) anyways bm worked at the time she brought home from her job 2,500 after taxes. plus she works for an ambulance and gets paid around 200.00 for that. ontop of dhs childsuport. she has decided to leave her job to go to parimedic school. our fear is can she go back to court seeing how she will be leaving her job. we have enough money right now to barely make ends meet. after mortage is done.. bills are paid including c/s we might have 60.00 left over. my dh works as much as he can to make sure our stuff is paid. sometimes he gets a side job and that normaly will pay for gas in our cars and maybe a lil more to a bill. he gets paid in cash its not a job job. its like i said a side job. dh already works 40 or more hours a week and weekends will do side job if they need him. he pays for insurence which is 208 a week for all of us. which comes out of his check. we have a son together. i have a daughter but her father lost his job and has been deemed not able to work ( bi polar. and some other med stuff that i cant spell ) so i dont get c/s myself right now. and we pay what is needed for my dd ( glasses, med, school stuff for projects ) im afraid if bm goes to court cause shes not working we will lose our house cause we have to pay her more. we live like most people pay check to pay check..it stinks but stuff gets paid. our propain bill is around 1,100 which we do weekly payments and by the time its paid off we need more which in turn is another weekly payment.  so bm leaving work to do school is a lil scary for us. she was working and going to school at night a few days a week ( she wants to be a firefighter and has taken the class a few times and she took classes to be an EMT. ) again all classes were at night a few times a week. now shes leaving her job to do day classes. and as soon as our son is in school full time im excited to say i might have a job myself lined up but my job was gonna help pay for whats needed. any advice? im really worried we wont be able to pay anything..if they raise it due to her not working. :(

Posted by on Jun. 18, 2012 at 5:09 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies:
militarystepmom
by on Jun. 19, 2012 at 8:35 AM
I would do research on the laws in your state Here in texas they take the non custodial parent income into account and the custodial, here's the kicker I talk to a judge here in texas and he told me as the new spouse if I cleared more than 700 dollars a month my job would assume that my husband could fit for to pay more in child support because I was contributing therefore he had extra money. So basically it goes back to however the court order is worded In the state lawsL And the laws in your particular state. And here's the loophole in texas if my husband and I maintain separate bank accounts and file our taxes separately then it won't be in issue.
liltigersmom
by on Jun. 19, 2012 at 10:39 AM
I agree with all of this.

Quoting chanizen:

Hold on...



She's going to school and getting a job which will pay more.... And you are complaining because she MIGHT ask for money which you need because YOU need more money for YOUR daughter with another man who doesn't pay cs.



Really? Wtf. Go get a better job so YOU can support YOUR daughter.



Bms get their hair done too... Get over it.



And btw $900.00 is not a lot in cs for more than one child. Half of dd's expenses for the month amount to well over $700.00 and that is BEFORE ECs and college funds.



While I'm sorry you are struggling.... I think YOU need to go support YOUR daughter. Not worry about bm and her schooling or what she might do.
Posted on CafeMom Mobile
mirm99
by ♥ Mommy Miriam ♥ on Jun. 19, 2012 at 12:19 PM
Oh wow.. That's good how they go based on their last income.... Not in AZ everythings ass backwards.. Lol

Quoting whatIknownow:

In NJ, they wouldn't impute min mage, they would keep it at the previous number, because the lack of a job is voluntary and temporary. When my ex wanted to reduce his CS because he was simply not working anymore (he had married a sugar momma), it took him several years and three separate motions before he finally got it reduced, and even then they didnt' impute minimum wage, they imputed a salary that was the 25th percentile of salaries for his particular job (which was much higher than minimum wage).

It depends on the state. I dont know what NH does, but I'm sure it's on their website.


Quoting mirm99:

This... CS is based on the bio parents income.. If one parent isn't employed by choice not bc of health reasons they'll still calculate CS as If non employed patent were making min wage working full time..







Quoting ROBIN-C:

 if BM willing quit her job i doubt courts will raise CS. quitting a job is a choice, something in her control.


Posted on CafeMom Mobile
rebeccasmly
by Becky on Jun. 19, 2012 at 12:30 PM

Here they take a percentage of each parent's income and base CS off that, for example DH's income can cover 73% of the children's support while BM's is 27% (can't remember the actual percentages but these are close) so if the judge sets $1000 a month for the children as support, BM is then ordered to pay $270/ month in CS as her share. Now, this was set when BM wasn't working. The judge set an amount he determined she was capable of earning sicne she quit her job willingly. Your husband can always ask for her income to be set at what she is capable of making. (If your state does it)

rebeccasmly
by Becky on Jun. 19, 2012 at 12:33 PM

We're in AZ also and they set BM's income as what she is capable of making, which was halfway in between (roughly) the job she quit and minimim wage. Huh, probably depends on the judge or maybe what county you're in?

Quoting mirm99:

Oh wow.. That's good how they go based on their last income.... Not in AZ everythings ass backwards.. Lol

Quoting whatIknownow:

In NJ, they wouldn't impute min mage, they would keep it at the previous number, because the lack of a job is voluntary and temporary. When my ex wanted to reduce his CS because he was simply not working anymore (he had married a sugar momma), it took him several years and three separate motions before he finally got it reduced, and even then they didnt' impute minimum wage, they imputed a salary that was the 25th percentile of salaries for his particular job (which was much higher than minimum wage).

It depends on the state. I dont know what NH does, but I'm sure it's on their website.


Quoting mirm99:

This... CS is based on the bio parents income.. If one parent isn't employed by choice not bc of health reasons they'll still calculate CS as If non employed patent were making min wage working full time..







Quoting ROBIN-C:

 if BM willing quit her job i doubt courts will raise CS. quitting a job is a choice, something in her control.



OregonMom80
by Bronze Member on Jun. 19, 2012 at 12:36 PM

I agree with this.  You need to find out what your state laws are.  Here, if you voluntarily quit your job, you are imputed at your "earning potential," which is your last known job unless you can prove you can't get employed in that field (ie. the only employer closed shop and moved out-of-state).  You're only imputed at minimum wage if that deem that to be your earning potential.  CS here is based on both incomes, but if somebody quit working, then went in and asked for more CS so they could go to school, the judge would put the smack down on them.  It isn't DH's responsiblity to pay for BM to go to college years after they got divorced.

BM in our situation tried to argue that since she hadn't worked for 3 yrs she had no earning potential and the judge laughed.  Basically said she wasn't disabled, so she could work and imputed her.

Quoting whatIknownow:

In NJ, they wouldn't impute min mage, they would keep it at the previous number, because the lack of a job is voluntary and temporary. When my ex wanted to reduce his CS because he was simply not working anymore (he had married a sugar momma), it took him several years and three separate motions before he finally got it reduced, and even then they didnt' impute minimum wage, they imputed a salary that was the 25th percentile of salaries for his particular job (which was much higher than minimum wage).

It depends on the state. I dont know what NH does, but I'm sure it's on their website.

Quoting mirm99:

This... CS is based on the bio parents income.. If one parent isn't employed by choice not bc of health reasons they'll still calculate CS as If non employed patent were making min wage working full time..



Quoting ROBIN-C:

 if BM willing quit her job i doubt courts will raise CS. quitting a job is a choice, something in her control.

 


Add your quick reply below:
You must be a member to reply to this post.
Welcome to CafeMom
join our community and talk to other moms, share advice, and have fun!

(minimum 6 characters)

We won't show your age or birthday to anyone unless you want us to!


Featured