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Your Expenses in Child Support Case-if they are low will your child support payment be lower?

Posted by on Mar. 22, 2013 at 11:15 AM
  • 8 Replies

Hey ladies,

I'm gearing up and have a question. I asked you sweeties before should I wait until my ducks are in order before I file or should I file while I am in my temporary situation and I received some really god replies. I lost my job and moved out my place to my sisters apartment and I am going to file like asap.

I spoke to an attorney just now and he said the support magistrate will probably take into consideration my current expenses which will be extremely low because I don't have a job and I'm going o be paying dirt cheap rent. My ex has tons of bills/higher expenses and higher rent than me and attorney said they may do a projection of how much my real expenses would be but the ex may not agree to that (which I'm sure he won't because he wants his support to be low or none!)

I told him that wouldnt be fair. So now I'm thinking should I get a job and apartment first before filing...but afraid he will run down to the courts before me and file for custody. (once he knows i'm back in the same state a red flag will go up-long story sigh..)

Any moms out there that was in a similar situation where there expenses were low at the time of their 1st court appearance which resulted in a lower child support payment?

When I move and my expenses are higher can I get a modification? 

I believe I am going to still file now -ASAP and hope and pray, do what I have to do to get a job and place before 1st court date. maybe not so realistic...but just don't want him to pay less.

Thanks ladies for your advice!





by on Mar. 22, 2013 at 11:15 AM
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Replies (1-8):
virginiamama71
by Mom on Mar. 22, 2013 at 11:27 AM

 Can you get unemployment?

Toshi92
by on Mar. 22, 2013 at 6:06 PM

Yes I'm on it now so that will be my income but as far as my rent is concerened I wont be paying over a grand like I used to -I will be livng almost rent free because my sister wont charge me as much. 

I was just concerened because if he says he has this amount to rent to pay and i say squat I am fearful the judge might not think I need that much support. 

Laura3188
by on Mar. 22, 2013 at 6:34 PM
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I believe they split it & go off how much income your making not expenses I could be wrong
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conniejo75
by Bronze Member on Mar. 22, 2013 at 6:38 PM
I am in CA and they dont look at expenses (other than ins and daycare). They do factor in each parent's income. I say file now and you can always get it adjusted once your income changes (we have to report any income change)
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conniejo75
by Bronze Member on Mar. 22, 2013 at 6:39 PM
You can still list rent/utilities paid to your sister (ie half of household bills)


Quoting Toshi92:

Yes I'm on it now so that will be my income but as far as my rent is concerened I wont be paying over a grand like I used to -I will be livng almost rent free because my sister wont charge me as much. 

I was just concerened because if he says he has this amount to rent to pay and i say squat I am fearful the judge might not think I need that much support. 


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brieri
by on Mar. 22, 2013 at 8:27 PM
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Consider factoring the income on both parents - whether your unemployed or not, it could be what you are suitable to making.

Robsessed98
by on Mar. 22, 2013 at 8:42 PM
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All states are a little different. In OK if you're unemployed they use your lowest projected income based on your work history and skills. I would go ahead and get a jump on him and file. Yes, you can modify the support later. Here we can only do it once a year unless there's a drastic situation. Good luck.
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Mommyto2LilMen
by on Mar. 22, 2013 at 10:43 PM
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The CS I recieve my my ex husband is based off his income....Each state is different

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