We have 1 remaining minor child living at home. It appeared as tho we had worked out all the details, and suddenly he states he can't pay me child support... (We looked at his monthly bills.. there is no money left).. we have always had separate accounts/bills.. i give him 1/2 house pmt.. that is it.. he pays rest of bills.. i dont make enough to leave without him paying me support.. but there is no money left.. what other options do i have.. i just can't stay here one more day.
2006-08-25 17:46:48 · 21 answers · asked by kris_mom_of_4_girls 2 in Family & Relationships ➔ Marriage & Divorce
Well a great deal really depends on the laws of your state. Usually it doesn't matter if he says he can't pay you child support. Your incomes will be compared and he will be responsible for paying you a certain portion of his income for the support of the child without regard to his monthly expenses. I have never heard of a state that does not order support. Sounds like he will need a second job, and of course that also means more support for you. You can also, depending on the laws of your state receive spousal support for some period of time since he earned more money than you. Please don't allow this to stop you from getting out if you are really unhappy. I stayed in an abusive marriage for many years because I was uninformed and didn't think that I could make it either. We finally did get out and have been doing great! Good luck!
2006-08-25 17:53:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
That's what your lawyer is for!! He should be getting all the statements for savings and checking for the past 10 years, also Income tax returns. Don't forget to add in any Ira's or retirement plans. Child support is based on his pay, NOT HIS BILLS. Another option your lawyer should think about, if you have a home, and it will be sold, the child support payment can be taken out of the proceeds of his side to pay support and put in a account that will pay you monthly, neither of you are able to get into the account for any reason. It can usually be set up with Social Service's help. Pro's about this, you will receive a monthly check till the minor is 18. Cons you cant ask for a increase.
Trust me you can make it out there, true, your standard of living will probably go WAY down but dont be afraid to ask for help from support groups
2006-08-26 00:56:09 · answer #2 · answered by Amy S 4 · 0⤊ 0⤋
The courts will make him pay child support. That comes before his other bills. The courts look at the best interest of the child. They won't even consider his bills. Most states it's a percentage of his income. Illinois is 20%, after taxes for one child. Nothing else considered.
2006-08-26 00:53:46 · answer #3 · answered by packermama 2 · 0⤊ 0⤋
For now, take what is yours and learn to live within your means. The standard that you are living by right now, no longer applies when you leave. That's always the case. Spouses sometimes spew that same excuse as a means of revenge. You can always leave it up to the courts. They have a way of looking at a situation such as yours from every angle. Let them decide. Good luck.
2006-08-26 00:53:58 · answer #4 · answered by Call Me Babs 5 · 0⤊ 0⤋
He has no choice but to pay. He may have to down size in his spending or file bankruptcy. But that child has to be supported. You did not make it by yourself, so make him PAY! If you make more than him I would still tell him it is his responsibility. You a very nice to be concerned about him. You sound like you want what is best, but you need money for your child, good luck to you both!
2006-08-26 00:53:12 · answer #5 · answered by sweethometexas2000 3 · 0⤊ 0⤋
after 27 years you could not trust him or each other enough to share you incomes together. wow I would say you marriage was over 27 years ago. but you wasted your time with him anyways. so leave with the knowledge that you have trust issues and maybe you could spend your free time trying to figure out whats wrong in your life that you can;t trust.
PS I'll bet you have a lot of other intimacy problems, and i don;t mean sex either. you probably don't communicate well.
2006-08-26 01:13:36 · answer #6 · answered by 4stringthndr 3 · 0⤊ 0⤋
Sell the house, split the profit 50/50,use your half for school/or training in a field you might enjoy.If there is enough you can live on it while you get your life on track.With his half he can afford to pay a reasonable amount of support and move on.
2006-08-26 01:13:27 · answer #7 · answered by seasons150 2 · 0⤊ 0⤋
The courts will go by his wages the last three years not on just being broke. That average decides what amount
2006-08-26 01:26:03 · answer #8 · answered by ernest r 1 · 0⤊ 0⤋
Half of everything and court madated child support, If the court says he has to pay it then he will have to find a way to pay it. It's his kid too, you shouldn't have to support it on your own.
2006-08-26 00:51:23 · answer #9 · answered by cutie~patootie 1 · 0⤊ 0⤋
Get out and depends on the state that you live in go to this web site called alllaw.com it will give you basics.
2006-08-26 01:26:28 · answer #10 · answered by dsmiling62 4 · 0⤊ 0⤋