My sister in law got the same deal from her ex. Her lawyer said she could take it back to court but his lawyer would probably say that if she had the money for court cost that she could afford child support. In her case she lost custody due to him tricking her, by telling her that it was Christmas would she please Waite until after the holidays to file for the kids sake and then turned around and filed for temporary custody siting abandonment on her part. He is a real slime ball. Solution she figured out that all he wants is money so she pays him and gets to keep the girls more time than before. It is really hard on her because as you said she doesn't have any money to do anything fun with them so she has to do things like go to the park but it is worth it to be able to be with them. She went 3 months without even being able to speak to, or see them. Court order until temporary stay could go to court. CONSULT A GOOOD ATTORNEY FAST to find out all the things that he can do to you in the future and how to protect yourself.
2006-09-09 06:16:51
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answer #1
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answered by chevytrk1232000@yahoo.com 4
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You need to check your state's child support guidelines. There is usually a calculator on it that calculates the child support.
You didn't say whether your state uses both incomes or just the non-custodial parents.
Unless there is a good reason that you cannot work full-time, states still calculate you as having a full time job. It doesn't matter if you go to school full time. The only argument you may make is that the school program is a full time program and there are no others. Also, the order increases if you are not providing medical insurance.
An order is not usually modified less than two years unless there is a certain percentage change in the income. Check your state's guidelines.
2006-09-09 06:40:17
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answer #2
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answered by Laughing Libra 6
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We are on the receiving end of child support and the courts decided that my step son's mother didn't need to pay anything but 12.50 weekly due to being "underemployed". She worked at Arby's. The courts determined since she had 4 children total, that the younger 3 received 9,000 of her yearly income and only 1,000 goes to her oldest and first born. They lowered her child support from 38$ weekly to 12.50 weekly. So, now she sits at home and doesn't work, won't pay the medical bills she's court ordered to pay half of, doesn't pay her child support on time, and still gets away with it cause she's the female. If a male did this, they'd be in jail right away. I guess your priority should be getting work to support these kids and maybe cutting your schooling down to part time...or try to gain sympathy from the court by being underemployed. Either way, you need a good attorney who would be willing to take payments and can do a good job getting you a fair deal.
2006-09-09 16:36:40
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answer #3
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answered by billslady66 1
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Welcome to our world.....how you liking it so far? The majority of divorce men with kids are going through the same thing as you....When we complain that we are paying too much child support and can't afford to live all we hear is "suck it up"...."dead beat dad" and "stop your whining cause it took two people to bring the that child into the world".... blah blah blah.
I feel your frustration. I think both parents have a moral obligation to support their children financially regardless of whether your male or female. But custodial parents have all the rights and can make outrageous demands.....as you have experienced. The courts could care less of the circumstances for the other parent.
I have 50/50 with my kids but I still have to pay her a ton of money....regardless of my hardship. How fair is that?
The bottom line is the kid has needs and you have an obligation....the courts don't care how it effects your life....just pay up! I wish it was more fair for everyone but that's the court system. Good luck.
Just my thoughts......
2006-09-09 06:50:49
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answer #4
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answered by Tony 4
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Since you are going to school, there are reduced amouts of childs support that you would be required to pay until you are finished with your schooling. It might depend on the state but I had read somewhere that all you would be required to pay is $50.00 a month. Did you have a previous child custody agreement where he was paying you? You can always go back to court to have it modified. Congratulations on going to school. Don't let him get you down. He is just trying to tear you down but don't let him do it. You will become a much stronger person when all of this is over and you will feel very good about yourself. Keep your head held high.
2006-09-09 06:13:38
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answer #5
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answered by Anonymous
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I know $300 is a lot when you do not have any money. Most people I know pay $500 - $1000 per child so your payments are very low.
Another guy I know has to work 2 jobs just to pay his child support and rent.
2006-09-09 06:21:56
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answer #6
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answered by travelguruette 6
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Number one, you can fight this simply by virtue of being the mother and a woman. No guy has any right to take your children away from you unless you are an unfit mother. It may be because he gets payed more than you, but if I were you I would look into seeing a damn good attorney. Appeal to a judge's emotional side.
2006-09-09 06:11:15
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answer #7
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answered by Blackadder 2
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FILE with the State for a Modification of Child Support -- because with your Income -- and the fact that you are a student (and be ready to PROVE it) -- and based on whatever the custody arrangement is -- then the Amount of Child Support will be adjusted appropriately.
2006-09-09 06:19:01
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answer #8
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answered by sglmom 7
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Legally you have to pay 20% of your income. This is the bar for child support. You must have gotten a real burned judge or one that hates women. You're gonna have to pay thru the snot hole for a lawyer, but it's really your only recourse.
By the way, your ex is a total jack @$$.
2006-09-09 06:31:36
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answer #9
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answered by Anonymous
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Yes, and you can take her to court and have the judge order she pays. No matter which parent has the kids, the other parent has to pay child support.
2016-03-27 04:07:29
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answer #10
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answered by Katherine 4
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