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Deciding AGAINST Child Support

Posted by on Sep. 2, 2013 at 9:05 PM
  • 14 Replies

It what case, in your experience, would a judge decide that child support should not be ordered.

Say the child support agency does the calculator (worksheet based on placement of 50/50), and states that one party would owe the other $xxx each month.  The one party orderd to pay doesn't agree so now there is a court date set to "Show Cause".  

What does that look like?  

by on Sep. 2, 2013 at 9:05 PM
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Replies (1-10):
amanda_mom89
by Gold Member on Sep. 2, 2013 at 9:54 PM
Idk. I'm not familiar with that situation so here's a BUMP.

No CS is ordered on BM but it's because BM asked not to and DH agreed to it.
LyndaLoo78
by Skeletor on Sep. 2, 2013 at 10:02 PM
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TYpically in a 50/50 sitaution CS is ordered when there is a large disparity between incomes.  The court date to "Show Cause" will essentially be a review of the financials of both parties - income and expenses.

mom2boys664
by Bronze Member on Sep. 2, 2013 at 10:04 PM

I waived cs, so the judge honored my request despite the calculation.

When my dh won custody of his kids it was a cps court and the judge said dh would have to apply through the regular family court and did not award it. Dh decided not to pursue it.

If one party is disputing the amount,  I imagine they will have to show cause and convince the judge that they have a valid reason.

Mommy0505
by Silver Member on Sep. 2, 2013 at 10:05 PM

But a reivew was done of the financials through the child support agency.  They decided one would pay the other $100 per month.  Then gave both the option to agree to it outside of court.


Will a court date consider more than just the standard worksheet?  Like other expenses such as school fees, field trips, extra curriculars...?  

Quoting LyndaLoo78:

TYpically in a 50/50 sitaution CS is ordered when there is a large disparity between incomes.  The court date to "Show Cause" will essentially be a review of the financials of both parties - income and expenses.



LyndaLoo78
by Skeletor on Sep. 2, 2013 at 10:08 PM

What will and can be considered will be at the discretion of the court, since the CS agency has made a review and recommendation.  

Maybe the judge will just rule to uphold the recommendation, maybe she or he won't.  That is what the court date will determine.  The judge can decide what will and will not be relevent.

Quoting Mommy0505:

But a reivew was done of the financials through the child support agency.  They decided one would pay the other $100 per month.  Then gave both the option to agree to it outside of court.


Will a court date consider more than just the standard worksheet?  Like other expenses such as school fees, field trips, extra curriculars...?  

Quoting LyndaLoo78:

TYpically in a 50/50 sitaution CS is ordered when there is a large disparity between incomes.  The court date to "Show Cause" will essentially be a review of the financials of both parties - income and expenses.




petie1104
by on Sep. 2, 2013 at 10:09 PM
Dh has it stated that bm doesn't pay child support so she can afford travel since its long distance.

As for your case, I'm not sure.
SMInProgress
by on Sep. 2, 2013 at 10:09 PM

Show cause is usually "contempt of court" & a discovery process to provide reasons why they violated such & such so that means that the respondent, who is ordered to pay, isn't paying up. It can also then be a discovery into finances or of inability to pay. One has to provide financial info or "show cause" if cannot pay due to inability to afford paying it, etc. It could be a judge or a legal referee. There could be more hearings after that or there will be a judgment as to what will be considered fair for the violation. At least that's my understanding.

SMInProgress
by on Sep. 2, 2013 at 10:10 PM

Yes, in some cases.

Quoting Mommy0505:

But a reivew was done of the financials through the child support agency.  They decided one would pay the other $100 per month.  Then gave both the option to agree to it outside of court.


Will a court date consider more than just the standard worksheet?  Like other expenses such as school fees, field trips, extra curriculars...?  

Quoting LyndaLoo78:

TYpically in a 50/50 sitaution CS is ordered when there is a large disparity between incomes.  The court date to "Show Cause" will essentially be a review of the financials of both parties - income and expenses.




LyndaLoo78
by Skeletor on Sep. 2, 2013 at 10:17 PM

A motion to show cause is actually a totally different legal proceeding than a contempt of court hearing.  The two can occur within hearing, however they are each their own type of hearing unto themselves.  

In this case, it seems more likely that the show cause hearing is to determine the validity of an argument of an inability to pay or to hear oral argument (because a redetermination via the CS agency does not allow for oral argument) against either party paying CS based on the 50/50  custody situation; that is not contempt and if there is no revised CS order there is nothing to be in contempt over.  

Quoting SMInProgress:

Show cause is usually "contempt of court" & a discovery process to provide reasons why they violated such & such so that means that the respondent, who is ordered to pay, isn't paying up. It can also then be a discovery into finances or of inability to pay. One has to provide financial info or "show cause" if cannot pay due to inability to afford paying it, etc. It could be a judge or a legal referee. There could be more hearings after that or there will be a judgment as to what will be considered fair for the violation. At least that's my understanding.


SMInProgress
by on Sep. 2, 2013 at 10:19 PM

Agree that's why I point out both scenarios as a "contempt of court" AND "a discovery process".

Quoting LyndaLoo78:

A motion to show cause is actually a totally different legal proceeding than a contempt of court hearing.  The two can occur within hearing, however they are each their own type of hearing unto themselves.  

In this case, it seems more likely that the show cause hearing is to determine the validity of an argument of an inability to pay or to hear oral argument (because a redetermination via the CS agency does not allow for oral argument) against either party paying CS based on the 50/50  custody situation; that is not contempt and if there is no revised CS order there is nothing to be in contempt over.  

Quoting SMInProgress:

Show cause is usually "contempt of court" & a discovery process to provide reasons why they violated such & such so that means that the respondent, who is ordered to pay, isn't paying up. It can also then be a discovery into finances or of inability to pay. One has to provide financial info or "show cause" if cannot pay due to inability to afford paying it, etc. It could be a judge or a legal referee. There could be more hearings after that or there will be a judgment as to what will be considered fair for the violation. At least that's my understanding.



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