Child Support Question?

Question

I filed for support when my son was 9mos old because I resided in a shelter and his father didn't follow through with our verbal agreement. Our son is 8 now. His father just got a job and had a new baby in November of 06. He spent December of 05 till New Years Eve of 06 pretending to love me and living with me, apparently we were working things out. Mind you we have not been together since our son was 9mos old. I fell in love again to find out about this baby. To make a long story short, New years I found out that he was doing all of this boo loving just to get me to drop current child support. We go to court tomorrow and my question is will the courts be lenient on him for current child support (keep in mind he is behind 8yrs) because he has a new baby? You can't help my heart but please help ease my mind. I now have a good job my own place , car everything I need and I make more money than him.

I never dropped child support. This man has no stable residence he uses family member address for everything. He never worked. I have been going back and forth to court over the years trying to enforce it. Even though I thought we were working things out I was not dropping support unless we got married. The way I see it I pay all the bills. He used to take me to work but then try to use him giving me a ride as leverage to control me so I bought my own car.

Answer 1

well, the honor system doesnt work, thats for sure. thats why they have these laws. the states are tired of deadbeats. i hope you are not considering going back with such a person; hides his money, is controling, etc.

the court wont care if he had more kids or not, only the children they are addressing with this child support case. they go by both parents incomes to come up with an amount. here is the link:

http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html

just click on your state and fill it in.

stop worrying about court, you will only stress yourself out. what happens, happens.

if they throw him in jail, he will stay there until he (or his family, friends, who ever) comes up with a chunk of money. he gets the good 'ol cheek spread, sack lift and a bed til then. the way i see it, they dont care if their children have to do without, so why do we care about their feelings.

ask for a two week stipulation to be put on your case (i dont know what they call it in your state, but in NJ, thats what its called). that is where if he miss's two payments, a bench warrent is issued.

ask if there is a tax refund intercept in place (thats where they take all state/federal refunds due him and send the money to you).

ask how you have his drivers license take away.

ask if the amount has been reported on his credit reports yet.

ask how to put a lein on any property.

ask how you can get interest on the arrears amount due.

this will let him know you know your rights. your caseworker sometimes dont tell all of what they can do (but dont). if your case worker isnt on the ball, write your regional federal CS office and ask what they are doing about deadbeats.

i too am going to court today (friday), and i always go armed with my rights. stay calm, and do what you must.

mom of 4

some links to help. some you have to click on your state and find the section you need, and the last few are to help you...

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm

http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

http://www.supportkids.com/
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/

Answer 2

Supporting a child isn't easy, in addition, to doing it by yourself. The court is not going to be lenient. The court system usually works in the parent who has sole custody over the child.

In court, the judge is going to look at both sides. There are many issues pertaining to the monetary system.

1. You make more than the father
2. The father now has two children to tend to
3. The father is backed on child support by 8 years (but they may not include that as an issue)
4. Receipts for purchases (food, clothes, medication, etc.) made don't count as anything because they are more or less necessary for the child
5. If the father misses a court date or payment issued to pay monthly child support, he will thrown in jail....etc.

I am sure the judge will see it in you favor. Good luck! God is with you every step of the way. He has seen that you have what you do so now it's your son's turn to get what he needs from his father besided the figure.

Answer 3

I think it depends on laws in your state. They also have this formula to figure out child support and the fact that you make more than him would be taken into consideration. Also the fact that he has another child to support would factor into the amount you get. But that is in my state.
Find out what your states laws are. Have you talked to a lawyer? They should be able to tell you all that you need to know and even figure out how much you can expect to receive.
Just because he has another child doesn't mean that he doesn't have to help support the child he has with you.
If you have a support order already you can contact your states Child Support Enforcement and they can help you for free. I had to go through them because my kids dad wasn't paying his child support. They had it garnished from his paycheck. I didn't even know where he was, they found him.
You should really contact them because they can help in so many ways and then you do not have to pay court costs or legal fees.
Good Luck!

Answer 4

I am surprised that child support enforcemt or the county clerks office has not enforced this case prior to now! 8 years is a long time. Anyhow, in my state subsusquent children have no bearing on an exsisting court Order for support, their thinking is the children have to eat no matter what. It is not the existing childrens fault that dad or mom went out and had more kids. FYI your x's attempt to "get you to drop current child support" may not have worked anyhow. The goverment probably would not have looked too favorably on that, since that money is your childs right and not your right to go into court and waive it.
L.

Answer 5

well all things are looked at when it comes to child support, his bills and things like that.now if he is not living with the mother of this child and helping support it and the house then he is out of luck. what i don't understand is you say you filed for support when the child was 9mo. old why has it taken so long to get into court? did you drop the support case at one time? if so that was really foolish on your part, even if you thought the two of you were going to work things out. but go to court and ask for what ever the max. is. that's all you can do. he will have to prove that he is supporting this other child and the house hold of this child.don't you offer the info of him having this other child.let him do that, the min. he does they are going to ask him for this proof.

Answer 6

Don't give in. He owes that support to his son. Since you make more money than him, the court won't go too hard on him, but he will be made to pay the owed support. Make sure to arrange for it to be paid directly to the court. Then take the checks and put them in a savings account for your son to use for college or a car when he is old enough.
And after this, don't fall for any of his talk. If he's not been around for all this time, it will only be confusing for your son if this man is not on the scene with any regularity.

Answer 7

In the eyes of the court, as the father it his responsibility to take care of his child by paying child support. Him having a new child does not make the court more lenient with him. He will have to pay for the years he did not provide for the child. Usually child support is 17% of what he makes each month.

Answer 8

Generally the court will look at certain things. They will take into account first and foremost the fact that he is in arrearage for the past 8 years and they will scold him for that. They may note that he has another baby and he may TRY to use that but ultimately it comes down to the fact that your child was born first and gets first priority. It isn't your fault he decided to make more babies and the court will take that into account. They will look at both of your financial statements and take into account how much you both make and your expenses.

They will set quidelines based on what your state allows for child support. They will most likely also add on additional money to help start paying off the arrears. I suggest you ask that the money be garnished from his paycheck if your state doesn't automatically do that. His employer will be responsible for sending the money in.

Good luck!!

Answer 9

well, it depends on the court, I was lucky with the friend of the court, however a friend of mine, knows where the dad works and lives, but the court doesnt care. He has 4 other kids with another woman and the court says he is already paying the max, so my friend cannot receive any child support. I hope u r luckier, but from her experience, they will probably be more leanient on him because of this new baby.

Answer 10

I don't know where you live laws are different state to state. I live in Texas so I know what they do here. Is he with the mother of this other child? Does he pay child support on this other child? This will all make a difference in the outcome of your case so here is my e-mail [e-mail]. Let me know a little bit more about your situation and I might be able to answer this.