She works at a dept. store and does not make much money, less than 300 a week. What should she do, is there any low cost legal advice she can seek or place I can go to find info. The father who had the children lives in New Mexico and he is a college grad who most likley makes 50 or 60 thousand a year....
2006-10-29 14:25:34 · 14 answers · asked by mrkittypong 5 in Politics & Government ➔ Law & Ethics
If the kids live with him then she must pay regardless of the amount of money he makes.
2006-10-29 14:33:30 · answer #1 · answered by Bernie 2 · 4⤊ 2⤋
I sometimes get child support from my ex-wife. A whopping $33 dollars a week when she has a job. Most of the time she doesn’t pay.
Still I think the was child support is figured is unfair. The amount paid to an ex-spouse should be based on how much it costs to feed and cloth a child, not on what you make. If the non custodial parent was very well off he/she could opt to pay for privet school, pay into a college fund or something on that order. This would put an end divorced daddies working two jobs so the ex drive a brand new car.
2006-10-29 14:46:06 · answer #2 · answered by Anonymous · 1⤊ 2⤋
I know a man who pays an exorbitant amount of money for child support to a woman who has an excellent paying job and had lived with her wealthy parents up until 3 years ago. The child is 12 years old. That means for 9 years she was bank rolling the money. There is not rhyme or reason the current child support laws. It is based on a percentage 17% for a single child, in Wisconsin, and they need to look into individual cases and base it on NEED.
2006-10-29 15:00:45 · answer #3 · answered by ridingdragon 2 · 2⤊ 1⤋
Ah. . . Child support.
SHE is paying support, because HE obviously has physical custody of the child(ren).
The support figure she is compelled to pay is not just pulled out of thin air. In most states, there is a formula by which the number is derived. I can tell you it's worse Than doing your income tax, because EVERYTHING you can spend money on is considered in the equation.
The bottom line, tho is the difference in how much HE makes compared to how much SHE makes (gross amt.) Then the "percentage factor" is applied.
This percentage factor is where the number comes from. She is probably paying a large amount because of their life style and other factors relating to what their combined income was before they were separated.
She can always petition the court for an adjustment, but, I tell you, I know guys here in NJ who are almost living in their cars because they can't make rent when they get their paychecks.
Good luck.
2006-10-29 14:37:47 · answer #4 · answered by Len_NJ 3 · 3⤊ 1⤋
Sad part about this; as the Child Support system has become more and more gender-neutral and income-neutral, it boils down to two things...who has custody of the children, and the jurisdiction of the support hearing.
Your female friend may have had a 'high powered' job at one time, and 'thumbed' her nose at her ex when it came to support time. In many jurisdictions, the judge cares only who has custody of the child (custodial parent) and who is making more money AT THE TIME OF THE SUPPORT HEARING. If your female friend was making mucho bucks at the time of the hearing and is the non-custodial parent, she still has to pay up...regardless of where she is finaincially.
She needs to get a GOOD lawyer in this one. IF you are planning to date or marry her, be advised that your income can not be counted...BUT, be prepared for a LOT of drama IF she does not get along with her ex, but wants to see the kids.
2006-10-29 14:42:27 · answer #5 · answered by Ramester 3 · 3⤊ 1⤋
Men have to overpay all the time - it shouldn't matter if the spouse paying is male or female.
If the financial strain is too much, she should see her lawyer about it. He may be able to make a case plea. If the father really is making that much money and she that little, the court would not have put such a financial burden on her.
The "most likely" part of your question makes me wonder if she was pulling your leg for sympathy. You might want to check up on the facts
2006-10-29 14:40:07 · answer #6 · answered by ? 6 · 3⤊ 1⤋
The other partners income is not part of the determination for child support, Many states either have a mim amount that has to be paid per child or it is based on a the persons income,
And I know many men who have to pay up to 3/4 of their pay for child support, 1/2 is not that unsuall. The court does not care if you have enough to live or not, only that you pay a base amount for each child. The parent who has the child, thier income is not a reason for the other one to pay more or less.
600 a month for 2 children does seem alittle high, But she should expect to pay at least 300 to 400 a month for 2 children
2006-10-29 14:34:20 · answer #7 · answered by Anonymous · 4⤊ 3⤋
She needs to pay her support. I know a man that pays 900.00/mth, and his monthly earnings is 1050.00. he had to get a second job to put a roof over his head. It doesn't matter how much the dad makes, the children are hers and she should realize that she has to support them. Trust me it takes a lot of money to raise kids. The courts do not cut men slack when it comes to support, and they won't do it for women either. The best thing she could do is to get an education and start earning more money.
2006-10-29 22:53:04 · answer #8 · answered by LISA P 2 · 1⤊ 1⤋
Something's fishy there, either she's paying back support, or she left a high paying job for that one, or she just plain got screwed. I know they can garnish up to 52% of your paycheck, but that's rare, especially if he's making that much. She needs to look around for a legal aid service around her, and see what she can do. Look in the phone book under Legal Aid. Not all states have them though.
2006-10-29 14:30:32 · answer #9 · answered by tikitiki 7 · 3⤊ 2⤋
So what? Men get the "shaft" like that all the time. Most women remarry and live a life with two incomes plus what her ex has to pay. She should be paying child support just like men should.
2006-10-29 14:35:28 · answer #10 · answered by NONAME 3 · 3⤊ 2⤋