The reason I have a question is because when my dad had his 2 sons, he paid 600 for BOTH of them of month, and this was in Las Vegas. My BF is in Las Vegas and his son is in New Mexico, they go by what they both make and divide it that way, he pulls in $2120 a month, but they have it as 3640... I have no idea where they got that number.. and he has to pay 73%!!! He doesn't even get to see his son unless he flies out there, and he is paying 73%.. can someone please explain to me how this monthly payment can be lowered, I think this is nothing but robbery, any suggestions? Or are we stuck no matter what we do?
2006-09-07 03:28:12 · 34 answers · asked by Samantha S 2 in Family & Relationships ➔ Marriage & Divorce
simple they the courts:
1. combine her income with his income determine the amount of money to support one child
2. then divide his income by the combined total income to get his per centage of the child support.
3. multiple the per centage by the the total for one child in New Mexico
4. and that is what he pays.
It doesn't matter where he lives it is where the divorce took place that determines which state law take place. You could move to VA and it would be worse.
So either a> get a new boyfriend or b. calculate out when the child reaches 18 and deceide to wait for the extra income when he can stop paying child support.
2006-09-07 03:36:36 · answer #1 · answered by greywalk 1 · 1⤊ 0⤋
$616 is not 73% of $3640 or $2120. If they are calculating his support from the $3640 then he is paying less than 17%. I'd thank my lucky stars if I were him. If they are actually going off of the $2120 you say he brings in then he is paying about 29%. Non of the numbers are adding up. I'm not certain of the laws in Las Vegas but here in Illinois they pay a percentage of what they make ... not a flat rate for each child. That should answer your question as to why your dad's child support was different from your boyfriend's. It is not robbery by any stretch. His child deserves to live a lifestyle equal to if not better than his dead beat father. Maybe he shouldn't have moved away. He should have made his son top priority instead of his own life. Sounds like you've got a real winner. I hope you don't get pregnant.
2006-09-07 03:46:58 · answer #2 · answered by Anonymous · 2⤊ 0⤋
This isn't 73 %. 3640 is the gross income they calculate from. Tell the BF to get a 401 K and save some money in that, he may not get to spend it now, but at least he'll have that saved. On 2120.00 clear after taxes, paying 616 is about 34 percent of his income. having raised a child alone I can say it takes a LOT more than that to feed them, house them, school them, and get health care for them. If he makes more kids, the amount will be split between those kids too unless his income changes. And don't even think about skipping out. There are interstate laws, and they already have his SS number, no escape unless you do identity change, what kind of dad would do that?Don't marry him or your wages will also be at risk.
2006-09-07 03:38:11 · answer #3 · answered by uptheladdertotheroof 1 · 1⤊ 0⤋
Ok...I hear your frustrations but let's really look at this. First of all he is NOT paying 73%. Just look at the numbers...73% of $3640 would be $2657. Now, he may "bring in" $2120 but that is AFTER taxes and insurance etc...They are taking the child support out of what he makes BEFORE taxes...that is just how it is. Child support for one child is typically between 20-30% of the income...SO he IS paying what he SHOULD pay. I know it seems like "robbery" but this is the welfare of his child we are talking about here.
Think about this...the mother is supporting that child with 100% of her income and time. She is the one that is with the child everyday regardless of where in the country she lives she is the childs PRIMARY caregiver. So 20-30% is small in comparison to what is in the BEST interest of the child. I know that alot of people can think that "The money is going to the mother and she's just out getting her hair and nails done." That kind of thinking just brings anger and resentment to not ony the mother but the child. So really try to focus on the little boy involved here and how to help make his life the best it can be under the circumstances. Wheater you guys think it's right or wrong it is what it is and it is what is in the best interest of the child. I hope you can see it from a new perspective that way. I hope you never find yourself in the shoes of the ex...It's a very painful and difficult place to be in no matter what the circumstances are. Take care.
2006-09-07 04:28:35 · answer #4 · answered by DreamingofU 4 · 1⤊ 0⤋
The rate was determined by New Mexico and not Nevada, since the child resides in NM... and yes, you're probably stuck with this rate for at least a year.
To contest or change the support, he will probably need to submit a tax return that shows his income for the year and he's gonna have to obtain an attorney to get a court order in order to get the child's mother to submit her tax return. If the judge determines that the support will be lowered, it shall happen and he'll also get some credit of the overage amount he paid from the date he filed.
BUT... if the judge determines that he has to pay more than 73%, the support is adjusted to the new amount and he'll also have to make up the amount owed since the date he filed.
2006-09-07 03:43:42 · answer #5 · answered by E. Gads 4 · 0⤊ 0⤋
It's figured from his gross income. While he may only bring home $2,120 his gross (before taxes) is $3,640. He is paying about 1/6th of his gross or 16.67%. That's actually normal.
I'm not sure what you are talking about when you say 73%. If he is paying 73% of the total costs of child care, then maybe it's because he makes 73% of the total income. Add his gross and her gross monthly income. Figure the percentage that he makes, 73%, and what she makes, 27%. So he is responsible for 73% of the costs and she is responsible for 27% of the costs.
Your father's case has no relevance here. There were different numbers involved for income and things.
If he wants a reduction, he can appeal to the child support agency. They have paper work he can fill out stating his reasoning for wanting the reduction, and the amount he is able to pay. If that gets denied, then he can appeal it in family court.
I suggest you get a lawyer, or at least a consultation. There are many family lawyers who bill based on income and/or pro-bono work.
2006-09-07 03:57:08 · answer #6 · answered by welches_grape_jelly 6 · 0⤊ 0⤋
They go by the last tax return of how much your bf makes. The good news is that you can talk to a lawyer that deals with nothing but child support cases and you should be able to bring it down some. Now the fact he lives in Las Vegas could influence the money alittle.
2006-09-07 03:36:12 · answer #7 · answered by womanofthefire80 2 · 0⤊ 0⤋
my ex had problems like that he paid 410 for his daughter and 50 for his son. now tha thing is the daughters mom owned her own massage therapy bussiness and the sons mother worked at dennys waitressing. he brought home 1850 a month. and he went and tried to have it fixed so the 2 kids got the same amount of money and they wouldnt do anything about it. the one getting the child support is the biggest part in how much the kid gets. if she says she only makes min. wage they are going to take more out of his paycheck than if she were a nurse making 16 to 20 dollars a hour... do you see what i am saying pretty much all i am saying is if he wants to fight it in court he can but dont be surprised if it isnt lowered any..
2006-09-07 03:46:47 · answer #8 · answered by Anonymous · 0⤊ 0⤋
They base it on his gross income.
He probably has no major expenses like owning a home, other children, a wife, etc.
What do you mean pay 73%, of what his income? 616 is not 73% of $3640.
Also, if he saw his son 25% of the time then it might be reduced, but by not seeing him at all all the financial burden will be on the mother so he has to pay the maximum to lessen that burden.
2006-09-07 03:36:44 · answer #9 · answered by Anonymous · 1⤊ 0⤋
He is pretty damn lucky. My ex pays me $1000 per month for our 12 year old. Why do you consider it robbery? It isn't your paycheck woman. STAY OUT OF IT!!!!!!!!!!!!!! My son is actively involved in a travel soccer team, private school tuition, braces, glasses, uniforms (athletic and school)...honey and the list goes on. How would u like it if your ex's play mate was questioning your child support amount? NONE OF YOUR BUSINESS!
It is none of your business. Whatever the courts decide he must follow. It isn't based on what you father had to pay. Why are you involving yourself in his business? This isn't a WE situation it is a him situation involving him, the courts, and his child.
You are getting to involved with someone you simply call a boyfriend. He has a lot of baggage that will effect you now and any potential marriage. What you should be focused on is that this man is taking care of his child and is actively involved. The amount is neither here nor there.
You aren't stuck. You have the choice to walk away and find a man that can focus on a relationship with you. He has child and his child comes first not what you do or don't like in the situation.
Deal with it and don't get involved or move on to a relationship with less drama. You obviously have no idea what came into play when the amount was given. I think you should keep out of it.
2006-09-07 03:47:57 · answer #10 · answered by Anonymous · 2⤊ 1⤋