How do you pay child support if you don' t have a job and the court thinks you can make a certian amount of $

Question

I am going to court to pay child support based on what i can make not what i am making. I have not seen my child for over a year because of an order of protection that the mother put on me. I wont a divorce and she is giving me a hard time in signing the papers. (she doesn't want one) yet she tells everyone that i hit her. (but i didn't) I just got a new job and i am afraid that i will lose it because i have to keep taking of work to go back in forth to court. what can i do to get this matter settle. remember i just starting working again and not at the pay that i am accustom to. (much less) so i am trying to get a lawyer (hopefully free legal aide) to help me. any suggestions.

Answer 1

See what your state laws are concerning this matter. Sounds like this x of yours is going to be trouble for you. GOOD LUCK sounds like your going to need it with this one.

Answer 2

The child needs food, clothing and a roof over their head too!! Why should the mother be the only one stuck with raising this kid? Also, if u don't have the money to pay for child support then how can u afford a lawyer?? --- .

OK, with that been said, the courts will base your obligation on your salary or on your potential of income (many people will deliberately get themselves fired just so they don't have to pay child support) ----- Make sure the day of the hearing you bring with you all pay stubs for the last month and W2 forms for the last 2 years, any letters from unemployment or social security you may have for the last year as well. You always have the right to file for modifications to your court order obligation if you feel the child support amount is too high but you must have proof of whatever it is that you are claiming. --

As far as the custody, divorce and the alleged abuse you may have to get a divorce lawyer involved!! The last thing you want is have a domestic violence record that will keep you from seeing your son- Good Luck!

Answer 3

If you are now working, the court should be looking at your income, and also the mother's income, not what you are capable of making. When I filed for custody/child support, my daughter's dad wasn't working, so they based his portion of child support on minimum wage at full time. He is working now, and my child support review is coming up in June of next year, although I could have it done early because I know he makes more than I do. Child support can not be more than 50% of your income, so if you're making $1200 a month, they cannot take more than half of it. I only receive $186 a month in child support...pretty measly if you ask me.

Also, if you lose your job, the child support will just build up, until you start working again. Then the money taken out will go towards the back child support that built up while you weren't working. If the back child support is over $1000, when you file your taxes, anything you get back will go towards paying the back-support. Of course, this is all assuming the support is garnished from your checks.

Answer 4

I am not sure of the laws in your state but here in NC it does not matter if you get a job making less money. If you have a court order for visitation (temp or perm) and she will not let you see the child then you could take her back to court for a contempt order. NC Child Support Guidelines say that if you were making a certain amount of money for a period of time, got laid off, fired, quit etc.. Then got another job making less money then you still have the potential to earn the same as before. Therefore it is very difficult to get your payments to go down. There are exceptions where child support can be reduced or temporarily suspended. For example, going to college, medical trauma that would not allow you to have the same job or earnings etc. But simply getting a job that pays less money will not make your support go down. I feel for you as well. I have two kids and pay $989.63 a month in child support......Good luck

Answer 5

Okay, the reason child support is based on earning capacity and not actual income is because some people obligated to pay child support would quit their job and work under the table or not work at all to get out of paying. The focus here is the child - whether you see that child or not - and children require a lot which requires money. Again, THE FOCUS HERE IS THE CHILD'S NEEDS!!!!!

Answer 6

1) get an attorney, they get paid to handle this kind of stuff, it's going to be expensive, but it will save you money, time, headache, heartache, and your job in the end.

2) make sure you let the court know what you make, what mom makes, and the percentage of time you'd like to spend with your child.

I went through this exact thing 7 years ago. My daughter's mom was unreasonable, I had the court ORDER specific weekends that I could see my girl, but "mom" would be gone with her when I went to pick her up. I finally had to call the police so they could make a report that I could take back to court. The officer said if it happened again, they would arrest "mom" for kidnapping. Now, I don't know if this would actually happen, but it was a good threat, I never had a problem after that. In most major cities there are "pro-dad" groups that will help to advise and assist in referring attorneys.

I know this is a tough time for you, it seems that with all the "dead-beat" dads, that we should almost be rewarded for actually taking responsibility, but instead quite often we're punished.

Good luck, and it's great of you to step up! I hope it works out.

Answer 7

You're contradicting. You don't have a job... but yet you just got a new job.

Courts base the child support payments according to your income... so whether you make more or less, if you are working... YOU HAVE TO PAY UP...

Don't be a dead-beat dad!

Answer 8

i do not comprehend each of the rules in each of the states, yet the following in Pa if there's a courtroom order for him to pay help to you he's had to take action till further order of courtroom. And in this state he may be required to record any substitute in income, or artwork interior 30 days, also he may be courtroom ordered to discover finished time "gainful" employment. Now, also he may be required to proceed paying the faster ordered volume till you bypass again for re-examination. on the prompt he might want to might want to coach that he's "gainfully" employed and coach what his modern income is. Then any new order will be in accordance to that. And except there has been a huge substitute in both his or your incomes skill there should not be a lot substitute interior the order.

Answer 9

You made a child...pony up to it. Be a man and support that child. Maybe you and his mother can/will never get along...but that is both your problem not the child's. You need to grow up and face up responsibility. Shame on you trying to get out from supporting your own blood.

Answer 10

you show them your check stubs ask for counseling if you have been seperated over a year she cant fight a divorce especially when she has an order of protection against you but i'm a woman so please pay your support eventhough you havent seen your chil he or she represents you in the public eye do your part even if you must pick up a second job think about the chil please us adults are stupid most of the time but dont hold that against your child'good luck

Answer 11

when you go back to court show the judge your most recent pay stubs and they will modify the payments to want you make you should ask for visitation you do have rights if they say no ask for supervised visits you didn't hit her but she said you did but the child you didn't hit either so the should give you visits even if supervised google divorce-ease you don't need her signature it will cost but they have payment options