I'm new to this whole child support thing....I'm moving away from and breaking up with my son's dad. It's a move long-overdue and we both agree it is best for everyone. I'm concerned about child support. I heard that non-custodial parents, who work jobs that earn most of the income in tips, sometimes don't report their tips so they don't have to pay as much in support. Is this true? My son's dad is a server at a bar/restaurant and his bi-weekly checks are only $150, but he makes $50-$150 during a given shift, and he works 4-5 times a week. Is he required to report, or is this a lost cause?
2006-07-10 09:22:50 · 15 answers · asked by chaotic_mum 4 in Family & Relationships ➔ Marriage & Divorce
That's funny that the closed minded jack-*** would bring up my intentions. You want to know the real reasoning behind the question? I can't afford to live in this metro without his help. If he wants to be able to still see his son everyday, I have to stay here, instead of moving away like I wanted. So I'm doing him a favor by sticking around. He's already agreed to help, but he has a significant alcohol abusive problem and I know plenty of his nightly tips go to that, and I want to make sure his son never becomes second best to his addictions. So there.
2006-07-10 09:35:12 · update #1
Hopefully his Dad will be responsible and make the right decision. To pay the support amount that is fair.
Good luck in your new life. You'll be just fine.
2006-07-10 09:26:33 · answer #1 · answered by serenity seeker 4 · 2⤊ 0⤋
So just admit it... that was in the back of your mind the whole time... it's all about the child support huh? Money that will never see the kid, but rather buy the drugs and alcohol for your next BF.. If he didn't do anything too extreme like crack you in the face with a crowbar or run you into debt... you need to work it out and be a family instead of being the typical well I will just drain your paycheck harlot... good stuff...
2006-07-10 16:27:02 · answer #2 · answered by need to know basis 3 · 0⤊ 0⤋
Servers/Bartenders are required to claim atleast 10% of cash tips and all credit slips per the IRS. This doesnt mean they do. With a job like likethey may base your support (which will be determined by a scale on both of your incomes) on his tax reports for the previous three years.
2006-07-10 16:28:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The judge will set an amount based on his tax return for the previous year and any other means of detrmining his income. Unfortunately if he wasnt claiming part of his income while with you then sorry. Sounds as if it was OK with you for him to do that while you were together and benefitted from it. Now you have a problem with it. It shouldnt be about the money when it comes to children. Let him share more of the time responsibilities. That will be worth its weight in gold.
2006-07-10 16:32:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if i were you i would just get a court order for child support it doesn't matter how much he makes just about every state has a stander amount that is due to the child from the non custodial parent but however if you make way more then he does then of course the support will be less but non the less it will be there. there is no such thing as I dont have to pay anything for my child because he or she does not live with me if anything you can always open a savings account for the child if you feel wat he would have to pay is not worth it
2006-07-10 21:16:51 · answer #5 · answered by monamia_70 1 · 0⤊ 0⤋
I feel sorry for your child if you move and refuse to let his father see him, even if it is for a few hours everyday. I am not trying to condem your actions, but I know plenty of deadbeat moms that use child support for their own gain and selfishness. As for "how much can I get?" You need to contact the child services agency in your area. Don't worry, most state agencies don't charge a thing to make dad's pay.
2006-07-10 17:00:16 · answer #6 · answered by oconnjenn 1 · 0⤊ 0⤋
Most servers don't report, but most family court judges know this and will "impugn" income to that person.
You need a lawyer and take him to court, if he won't pay you what you think he should be agreeing to pay you.
Your state has a child support website with income/payment guidelines.
2006-07-10 16:29:55 · answer #7 · answered by voxwoman 3 · 0⤊ 0⤋
Well everyone is uppose to reprt tips as income,but i sont thin k everyone does report 100 percent so guess you will have to take his word unless he is honest and you can also tell the judge he always told you how much he made in tips when you were living together,you should have documented it
2006-07-10 16:28:11 · answer #8 · answered by pattykay39 1 · 0⤊ 0⤋
Depends on the Law for the State you are in. If he doesn't claim his tips the Judge will most likely estimate the approx. earnings.
2006-07-10 16:28:15 · answer #9 · answered by whatelsewhatever 3 · 0⤊ 0⤋
if the two of you can't agree on a monthly sum for him to pay or he decides to skip months then get child support. contact a court house or something.
2006-07-10 16:27:24 · answer #10 · answered by Simmy 5 · 0⤊ 0⤋