because they are taking more then i make and i have another child to raise what can i do?
2007-01-13 05:36:11 · 15 answers · asked by cole b 1 in Politics & Government ➔ Law & Ethics
IF your circumstances have changed and it now bears no relation to the original dissomaster that you filed with the court then you can ask for a an adjustment BUT like you have already been told in an above reply IF the judge feels you are not earning enough or are deliberately earning below your full potential then the judge can give you a cut off time to improve your circumstances.......the way I read this, is that your wages are being garnsihed and this ONLY happens [I believe] when you have failed to pay so it might make your current request all the more weaker when you come before the judge.
Check with your state rules or the state where this case was first started and see what their rules are..........each state has very separate rules and regs.
And as someone from the other side of getting child support, to be honest stating that you now have another child to raise is of NO interest to either that child waiting for you to pay or the judge, mine wrote down that he spent $230.00 eating out per month and $180.00 on phone bills...........he was told very clearly to stop eating out and talking on the phone...........Good luck
2007-01-13 05:45:52 · answer #1 · answered by candy g 7 · 1⤊ 0⤋
Usually it's a percentage but if you have a court ordered amount..... yes they can. This is so you can't welch on it by purposley taking a lower paying job so you could say be at home more so that the women you are with can make more at her job.
As far as another child the court is going to see it as a responsibility issue on your part. You had a prior commitment and it was you who decided to up your expenses. As an adult the court sees this as an adult decision.
Now you could fight it out in court. If you are legally married, have stayed at the same job at some time, documented houshold expenses and have always payed child support on time. But you know, your ex can drag this on forever and odds are you will lose. Plus it will run into thousands of dollars in legal fees and you might wind up losing visitation and even eventually paying more. You piss her off and later when you are making more SHE can refile! And if you miss a few payments she can sic the law on you. Much of this is wrong but that is the way it is...... sorry dude.
Talk to a COUPLE of lawyers. They will tell you that they could do this or that, pump you up but ultimatly you will just have payed legal fees if you pursue it. But even if you don't you will know what could be done later.
Best thing to do is to keep paying for now no matter what. Be attentive, see your child if you can and be a dad as far as possible. Keep records (reciepts for toys, dinners, etc.) as this will weigh in your favor should you choose to take this to court. Work two jobs for a while.
If you are remarried and she is not and basically surviving on what you give her you could eventually raise the spectre of YOU gaining custody. Faced with that she might agree to take less faced with this.
But whatever the situation you are going to have to show that you are out there working your butt off!
2007-01-13 06:10:46 · answer #2 · answered by jackson 7 · 2⤊ 0⤋
they calculate how much both parents make and come up with a number. here is the CS calculator; just click on your state and fill it in. it wil lgive you a general idea as to how much will be ordered to pay.
http://www.divorcelawinfo.com/calculators.htm
if you feel its too much, you can always ask your caseworker to review the case (or have a hearing for it) for the amount.
the court doesnt care if you claim you cant afford child support and then have another child... they want the child on the case paid for. they will tell you to get a second job, if you wanted a second child. i've seen 'em do it countless times.
the states and federal government is tired of paying for peoples children, thats why the laws are strict today.
if you have more questions, here are some links; just click on your state and find the section you need.
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.supportkids.com/
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
2007-01-15 16:04:42 · answer #3 · answered by Yvette B yvetteb 6 · 1⤊ 0⤋
Hi, No they can't take more then what you make, they go buy your income and how many kids you have. If you make 400 a week and have 5 kids then yes, they will take more then what you make. It depend's on how many kids and how much you make gross. They don't look at your bills either. What you GROSS is what they go buy.
Bottom line, they go buy how many kids you have and your gross pay! Normally they won't take more then what you make. The court as sense enough to gave you a life. I will try to find out the %. Iwill get back with ya. No worries, if they have taking more then what should, you will get all that back. Talk to your lawyer if you have one, if not get you one. They can't take more then what you make.
I am sorry if no help! you can go to www.childsupport.com and see if you can find anything at all. good luck, will find the % for ya.
2007-01-13 05:50:14 · answer #4 · answered by kruz_2007 1 · 0⤊ 1⤋
i have worked as a legal assistant in relatives for over 15 years and performance not in any respect heard of a 20% rule. baby help is a formulation that's in accordance with earnings, time spent with the baby, different little ones contained in the homestead, etc. perchance you should search for suggestion from an legal specialist and discover out what your baby help regulations say.
2016-12-02 05:21:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
File a motion to amend child support. No, they can't take it all. Show proof of what you make, your bills, etc., with the motion to amend. The court should have blank forms for you to use. Or try the self help web sites.
2007-01-13 18:34:29 · answer #6 · answered by alaskasourdoughman 3 · 1⤊ 0⤋
No they can not they have to right to take 2/3 of what you make but thats it they cant drive you into pverty they have to allow you to have some life .. like I make around 3500 a month and they take 900 from me for child support of 5 kids . thats the most they wanted from me in canada.
2007-01-13 05:41:20 · answer #7 · answered by cliff_aka_colt_4_5 2 · 0⤊ 1⤋
Child support laws are totally out of whack with reality.
They can take 2/3 of your NET pay, and you can't even deduct that money from your income tax return.
Very unfair.
2007-01-13 05:53:16 · answer #8 · answered by Anonymous · 0⤊ 1⤋
You can start by learning how to make a proper sentence. Then you can get a higher paying job and have the ability to pay for all of your children.
2007-01-13 05:40:06 · answer #9 · answered by Frank B 1 · 3⤊ 0⤋
No, what they take is proportional to what you make. I don't know what percentage, but it's calculated based on what you make--- obviously they can't take MORE than what you make. Go back to court and talk to a lawyer about what you can do.
2007-01-13 05:40:00 · answer #10 · answered by catwomanmeeeeow 6 · 0⤊ 1⤋