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Does anyone

Posted by on Feb. 7, 2014 at 2:45 PM
  • 27 Replies

Know a lot about child support and the proceedings? I need advice from someone who knows about this topic!! 

by on Feb. 7, 2014 at 2:45 PM
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Replies (1-10):
Junebaby18
by Member on Feb. 7, 2014 at 9:55 PM
I've been dealing with this since 2005. What do you need help with?
Linda733
by on Feb. 7, 2014 at 10:17 PM

Thank you for responding. Ok it's for my brother. His wife walked out on him with his 2 kids 4yrs ago and left him in debt. He's been very civil with her and always gives her $ for the boys, well as much as he can afford to give. They are still married but she now lives in her parents house in an apt rent free, no utilities etc. my brother pays for their school supplies, provides the boys and her with medical and just paid $400 so his 4yr could have oral surgery because she wasnt caring for his teeth. Any way fast forward. My brother has a new girlfriend for almost 3 yrs now and they have a child. My brother never filed for visitation because she always let him see the boys just not bring them for overnight stays because she hates that he has a new life and a new child. Well all of a sudden he gets papers in the mail that she's taking him to court for child support. He has always been a good father and never let his kids go without but apparently she wants more money. Now when I called the county they told me they won't take my brothers financial obligations into consideration except for his new child and the medical he has been providing since day one. He makes pretty good $ and sometimes around $1200-$1300 but with a lot of overtime. I used this state calculator they have which gives you an estimate of what he will have to pay her and it was like $200 a wk total. She also has both kids in school full time but will not look for work. I know the courts here consider her able to work so they calculate what she could earn if she were employed which she is unaware of. I want to know can my brother get screwed and end up having half his paycheck garnished considering the circumstances surrounding his case. Also, I forgot to mention his new child has autism and my brother pays out of pocket for all of his therapy because he has no medical and the state just goes by your income and they come up with a copay. I'm just curious if you have any idea what he may be facing when he goes to court..sorry for this ridiculously long story!!! 

splatz
by Sarah on Feb. 8, 2014 at 1:38 PM

Are you asking if he would have to back pay? Does he have any proof that he has been providing support all this time? 

Really its ultimately up to the judge & what they decide. It seems so hit or miss from one case/judge/state to the next. 

Linda733
by on Feb. 8, 2014 at 3:28 PM

That's kind of what I figured. I already k ow he won't have to back pay. They don't do that in my state. He has receipts and some canceled checks but he would give her cash a lot against my advice. I guess he can just hope for the best. I'm going to do some research in the county his hearing is in and call on Monday and ask some questions. I think he will be ok. 

Quoting splatz:

Are you asking if he would have to back pay? Does he have any proof that he has been providing support all this time? 

Really its ultimately up to the judge & what they decide. It seems so hit or miss from one case/judge/state to the next. 


splatz
by Sarah on Feb. 8, 2014 at 7:20 PM

$200 a week seems really high. My ex husband makes probably $4000 a month & he pays $400 a month. Granted that is for one child and he has no bills but his cell phone/car insurance, but still that is a BIG difference. Hopefully the judge takes everything into consideration. 

Quoting Linda733:

That's kind of what I figured. I already k ow he won't have to back pay. They don't do that in my state. He has receipts and some canceled checks but he would give her cash a lot against my advice. I guess he can just hope for the best. I'm going to do some research in the county his hearing is in and call on Monday and ask some questions. I think he will be ok. 

Quoting splatz:

Are you asking if he would have to back pay? Does he have any proof that he has been providing support all this time? 

Really its ultimately up to the judge & what they decide. It seems so hit or miss from one case/judge/state to the next. 



Linda733
by on Feb. 8, 2014 at 11:04 PM

Well that's reassuring. So if all goes well he will be paying $800 a mo but I'm going to help him get her to give him joint custody and weekend overnights every weekend. That automatically cuts her support in almost half. In my state they go to a mediator first and that's where you list all your expenses and they come up with a figure. Then the judge just signs off on the order. The good news is my brother has a male mediator so they may help him in some way. The only thing his ex did was not file for custody which if she was smart she would have so the court doesn't see that all she wants is money. Now she's going to have to live with the boys spending every weekend with their stepmom and their new brother which she was avoiding like the plague!! Sometimes greed is not the way to go because it comes back to bite you in the ass! 

Quoting splatz:

$200 a week seems really high. My ex husband makes probably $4000 a month & he pays $400 a month. Granted that is for one child and he has no bills but his cell phone/car insurance, but still that is a BIG difference. Hopefully the judge takes everything into consideration. 

Quoting Linda733:

That's kind of what I figured. I already k ow he won't have to back pay. They don't do that in my state. He has receipts and some canceled checks but he would give her cash a lot against my advice. I guess he can just hope for the best. I'm going to do some research in the county his hearing is in and call on Monday and ask some questions. I think he will be ok. 

Quoting splatz:

Are you asking if he would have to back pay? Does he have any proof that he has been providing support all this time? 

Really its ultimately up to the judge & what they decide. It seems so hit or miss from one case/judge/state to the next. 




MrsJHoward
by on Feb. 8, 2014 at 11:22 PM
Over time is usually not counted as its not guaranteed. Get a letter from his work stating that.
Linda733
by on Feb. 8, 2014 at 11:29 PM

I will have him do that. I had called the county last week and the nastiest girl I've ever had the displeasure of speaking with told me they can overtime if they want and there is no expense sheet for fathers to fill out which I knew was BS becusse its clearly on their website to download. I know my brother is going to hate having to let this boss knows his personal issues but he has to do whatever is going to help him so he can be able to live..

Quoting MrsJHoward: Over time is usually not counted as its not guaranteed. Get a letter from his work stating that.


MrsJHoward
by on Feb. 8, 2014 at 11:36 PM
Exactly and they shouldn't garnish his wages unless he fails to pay. Once he gets a judgment he'll have an opportunity to make his payment. Also requesting specific visitation is good since there isn't anything set. I suggest he ask for either odd or even weekends. That way there is no confusion on whose weekend it is. So if he picks even and friday is the 2nd. Its his weekend. If friday falls on the 1st its her weekend.

Quoting Linda733:

I will have him do that. I had called the county last week and the nastiest girl I've ever had the displeasure of speaking with told me they can overtime if they want and there is no expense sheet for fathers to fill out which I knew was BS becusse its clearly on their website to download. I know my brother is going to hate having to let this boss knows his personal issues but he has to do whatever is going to help him so he can be able to live..

Quoting MrsJHoward: Over time is usually not counted as its not guaranteed. Get a letter from his work stating that.


Linda733
by on Feb. 8, 2014 at 11:51 PM
1 mom liked this

My brother can't keep missing work for all the court dates so I am going to see if I can file the visitation and joint custody papers Monday and have them address both issues at the same time. So,she will leave with her child support and he will leave being able to have kids around all the time and not under her supervision. 

Quoting MrsJHoward: Exactly and they shouldn't garnish his wages unless he fails to pay. Once he gets a judgment he'll have an opportunity to make his payment. Also requesting specific visitation is good since there isn't anything set. I suggest he ask for either odd or even weekends. That way there is no confusion on whose weekend it is. So if he picks even and friday is the 2nd. Its his weekend. If friday falls on the 1st its her weekend.

Quoting Linda733:

I will have him do that. I had called the county last week and the nastiest girl I've ever had the displeasure of speaking with told me they can overtime if they want and there is no expense sheet for fathers to fill out which I knew was BS becusse its clearly on their website to download. I know my brother is going to hate having to let this boss knows his personal issues but he has to do whatever is going to help him so he can be able to live..

Quoting MrsJHoward: Over time is usually not counted as its not guaranteed. Get a letter from his work stating that.



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