My x and I did our own divorce. He was the only one who had to show up in court because it was non-contested. I finally have read the decree and it states that I was making a certain amount of money at that time. I was actually unemployed. My attorney said that in some cases a judge will insert an amount of money he feels that party SHOULD be able to earn. This was asked for child support purposes. I have never heard of this being done. Has anyone out there heard of this before? I contend my x was trying his best to get the support as low as possible. He also stated he had the kids 49% of the time. Every other weekend is not 49% of the time. I believe HE put this amount in. SOOOOOOO anybody?
2006-10-30 08:11:25 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
As you are not working you do not have an income to estimate if you do down the track get a job the amount paid to you will be reassessed then. It is dependant on the age of the children and your possible earning capacity.
This is the Australian site
http://www.csa.gov.au/
2006-10-30 08:23:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
For child support the earning ability is used. So, say you have a degree and have worked previously as a manager making 70,000 a year. For child support $70,000 is most likely going to be used in the child support calculation. Doesn't matter if you are unemployed. And if you're working at a job below your potential they will still use your higher earning potential. You would have to prove to the court that they are wrong and good luck with that. If you are unemployed you are expected to get a job.
It is not a judicial mistake.
Also, if you are only working part-time they will calculate it out to full time and use the higher number. They expect you to work full time.
I agree that every other weekend is not 50%.
2006-10-30 16:18:57 · answer #2 · answered by Carp 5 · 0⤊ 0⤋
Yep sure can, happened to me. I was a student in college and the judge said when I graduate I could earn 60,000 + a year and he set my payments on that amount. But, I had 2 more years to go before I graduated. At the time I was only earning 25,000 a year. I got screwed. Welcome to the world of men and child support. Judges dont care.
2006-10-30 16:19:22 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No, I believe this judge made a judicial mistake. How can you arbitrarily fill in an amount of money you think a person should be making, when this hasn't been proven to be a fact? This is judicial recklessness.I would consult an attorney and appeal this ruling.
2006-10-30 16:15:49 · answer #4 · answered by WC 7 · 0⤊ 0⤋
Yes I have heard of this in my state. Why you did not go to the hearing is weird too.....go back to court
2006-10-30 16:31:26 · answer #5 · answered by liyah's mommy 2 · 0⤊ 0⤋
The CSA will sort it out, call them and let them get their rotweillers on the case!!!
2006-10-30 16:15:55 · answer #6 · answered by HIMSELF 3 · 0⤊ 0⤋
Personally, I have never heard of this. I would research it further if I were you.
2006-10-30 16:16:13 · answer #7 · answered by wallcritter 3 · 0⤊ 0⤋
In the U.S., yes, the judge can do that. It’s done all the time.
2006-10-30 16:24:21 · answer #8 · answered by kp 7 · 0⤊ 0⤋
Sucks to be you!
2006-10-30 16:18:33 · answer #9 · answered by Rachel 7 · 0⤊ 0⤋