What is considered income for child support?

Question

I am a single mother who has struggled to get the dbd to take of his child. He is behind $8000. I am a person who has sought him out on numberous occsasions to spend time with his child, but he usually will only get him one weekend out of the month if that. He has not been working since Nov. and all of a sudden he wants me to come off of child support and he will give me the $8000 if I do. If he has come into money such as inheritance, lottery winnings, settlements am I entitiled to get a portion of that monthly? I am not too sure about this situation because we are talking about a 13 day difference from not having any money to wanting to throw it at me so that I will come off of court ordered child support. As you can see from the sum that he owes in back child support he is not the reliable. What should I do?

Answer 1

the only thing NOT considered income is Social Security/or Vets benefits, as far as i know. but ask your caseworker... they would know.

1) you need to get yourself to your local Legal Aid Office NOW. they can file a motion (or you could pro se) to have a lein put on any law suits, sudden money he comes into.

Legal Aid is in every state and most counties. they go on a sliding scale, so they are free to most. look in your phone book, call the county court clerks office or your states Bar Assoc for the number.

2) call your caseworker. ask what can be done about it also. every state is different (slightly) with these matters. ask this exact question you have here. also ask why you have not been gettting part of his unemployment cks. ask what hearing you need or who you need to call.

if you caseworker is not on the ball, contact (in writing!) your regional Federal CS office (link below). tell them of the amount that is owed and ask them what are they going to do about it. give them your contact info, case number and status of the case.

if he wins or comes into sudden money, contact the IRS. they will want their piece of the pie, and your money ($8,000) will be addressed when the IRS freezes his accounts/assets... as long as your caseworker has it listed for tax refund intercept.

3) make sure there is a tax refund intercept on the case; all state/federal refunds get snatched and reissued to you.
4) make sure the amount is reported on his credit reports. ask your case worker if it has been submitted (since the amount is so much).
5) he wont give you the full amount now, he is just testing the waters to see if he can get you to budge. even if he did, a judge usually wont allow him to just 'stop' the child support. i dont believ e they are allowed to let a parent out of child support in any case.

here are some links for you, to help you. just click on your state and find what you need. one is a CS calculator; just click on your state and fill it in.

post his deadbeat face on a deadbeat site online.

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.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

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

http://www.petitionspot.com/petitions/collectchildsupport
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

You are not only entitled to the back support ,,,,, you are entitled to child support on time until your child reaches 18 or until he graduates from college ,,,, He already owes you the 8 thousand now ,,,, Make no deals concerning that ,,,,In fact make no deals at all ,,,, YOU STAY on court ordered child support ,,,,That's your childs only hope of ever getting anything that's owed to him ,,,, Your X obviously has the money to catch it up or he wouldn't be tryin to make a deal with you now ,,,,In fact he probably has allot more than just the 8 thousand or he wouldn't offer to pay the full 8 thousand to begin with ,,,, It doesn't matter where or how he got it ,,,,, You are entitled to get what he owes you ,,,, All you want to see is the money he owes you now and child support on time from now on ,,,, He has no right legally or other wise to neglect his financial responsibilities to his child,,,,He has the money now ,,,, He owes it now ,,,, so now he needs to pay it and pay it unconditionally ,,,,This kind of a guy pisses me off ,,,,There are laws to handle a person like him ,,,, You definitely need to look into this and pursue the situation ASAP especially if you know he has the money right now ,,,, If he's not working to earn child support then he needs to be sitting in jail thinking about it ,,,, There are other dead beat fathers already there doing the same thing he should be doing ,,,, Don't let him get away with this ,,,, He will if you don't do something ,,,,He's making a fool of you if you let him continue like this ,,,, Make an appointment to see the district attorney and get his input ,,,, tell him you know he has the money now because of the deal he's trying to get you to agree to,,,, The father is not legally obligated to honor his visitation rights or even to see the child ever again ,,,, But he is where child support is concerned ,,,, What he owes you now and until the child is 18 or graduates from college ,,,, he's always going to owe you regardless of how old the child gets to be ,,,, It's back child support and he will always owe it until you force him to pay it because there is no statute of limitation on something like this ,,,, String him along on this proposed deal long enough to be able to talk to the DA or some other legal counsel ,,,, Just get it done,,,,, If you do have to get a lawyer then make his fee a part of the settlement too ,,,, Your X would be making you get this lawyer in the first place so he should have to pay for it ,,,,,Just get it done ,,,,, the quicker you get this situation resolved the better it's going to be for you and your son ,,,,, Good luck with this ,,,,,, Yoda told you so ,,,,

Answer 3

If he owes back support, he will continuing owing that until the day he dies if he doesn't pay up. If he doesn't pay now, then even after your child turns 18, it will still be a debt that he owes to you. You shouldn't settle with him at all. If he comes into money any time at all in the future, you'll be able to collect, plus penalties and interest.

I strongly suggest that you keep pursuing him for the money, keep getting judgments against him. You can get his car and other possession repossessed, have his wages garnished once he starts working, and in many states have his driver's license revoked until he comes up with the money. Even if he starts collecting unemployment or welfare, he'll have to pay that towards the child support.

Answer 4

Income legally is that which one earns while employed an inheritance is not considered income, especially if it is won AFTER the divorce. However lottery winnings CAN be consdered income as the IRS has their hands in the pot...If your ex has won a substantial amount through gambling and you have proof you need to consult your lawyer who will get in touch with the IRS who will then HOLD his winnings until all back child support is paid.

Answer 5

Courts usually will not rescind a child support order. By law, a child is entitled to be supported by BOTH parents, unless you and he enter into an agreement that revokes his parental rights (don't recommend that).

Get in touch with your attorney, so that he can get in touch with the courts regarding this matter. There will be some steps that an attorney will help you take to garnish any LEGAL income.

Answer 6

I hope that you are not one of those baby momma's that like to live off of child support. That is not the problem here but yes your child is entitled to some of that money. Child support enforcement agencies are suppose to be informed when the paying partying gets a raise or comes in to large sums of money like income tax, lottery, or inheritence. If you are not a private detective I suggest that you inform your county Human Resource so that they may investigate.

Answer 7

if he has inherited something or won a lotto the only obligation he has to you is to pay up the past support that is owed..obviously you need to get in touch with your lawyer if the ex has money now to give you,

Answer 8

Allow me to take care of the child and raise it so you 2 can go your seperate ways.
I love kids and care for them alot.

Could use some kid laughter snece all 4 of mine have grown and gone.