My ex and I have our own deal going about child support and visitation times. He sees the baby 4 days out of the week and gives me $300. a month. I just recently found out he is talking to an attorney on what he gives me. The attorney mentioned to him that $300 is way tooo much to be giving me. He makes double almost triple gross monthly than what I do. Do you guys think it is fair if they reduce it? Should I go out and seek legal advice?
2007-01-20 04:44:16 · 11 answers · asked by Jacinda 2 in Politics & Government ➔ Law & Ethics
I live in san diego, ca...so I think $300 is nothing compared to cost of living here...
2007-01-20 04:53:42 · update #1
sorry, what i meant by the 4 days is he comes to see the baby from 5pm to 9pm. and even then he shows up between 630-7pm
2007-01-20 04:55:38 · update #2
get legal advice cuz the moms that don't , get screwed by HIS attorney in most cases. 3 of my girlfriends got divorced and 2 of them got hosed..worked it out with the baby's daddy and all...now they get nothing...same for my sister
I on the other hand get over 365. per month and he doesn't see my child at all and hasn't for the last couple years. Even then he didn't see her for the first 5. I still got the child support. When he did visit her for about 4-5 yrs my child support didn't go down..in fact in went up with the age adjustment much to his surprise...
Child support and visitation DO NOT go hand in hand...two seperate issues...
You could actually get more and if he is being a sh*t about taking care of his child then you need to get something legal and on paper. My ex keeps trying to get my hubby to adopt my daughter so he can get out of child support cuz he says he can't afford it. (He can, he is just worthless and greedy) Never mind the three jobs I needed to take care of her at first.
if you don't have $$ for lawyer try taking it trhough the state.... they will garnish checks and he won't beable to with hold the money from your child cuz he disaggrees...you don't have to get state benefits...i don't and they take like 7 bucks a month for a maintenance fee (worth it to me) but if he ever fights me they have a lawyer that represents me/my child for free. And they enforce the order. His ex wife has a lawyer and is spending way much money for all their fights now. Sometimes she gets her money, sometimes not. I ALWAYS get it.
With that said....the state doesn't get involved in visitation...just the money part so you would still need a lawyer for that if he fights. But you can also AGREE to visitation without a lawyer and have it enforced thru the court. Still an order just one the lawyers or judge didn't have to fight about.
you said he SEES the baby...visitation.... you didn't say the baby STAYS with him the whole time...- custody... Custody is what makes the difference in the money. They will look at both incomes and what it takes to raise a child and sorry but $300 ain't enough....
Just cause he sees a lawyer and he fills his head with bullshit doesn't mean it's gonna happen...my ex thought he should only pay me 150.00 and his lawyer agreed...and he lost....
I wasn't married to my ex and that can make a difference in visitation and custody rights sometimes too...
For you and your baby I hope you get what you RIGHTFULLY deserve for your child.
TALK TO A LAWYER!!!!! This is a good place to get personal advice and sympathy but leave the real legal advice to the lawyer you talk to.
From your additional ifo you added it does appeared that your child is getting screwed in this whole deal. Step up, be a mom, take care of your baby, talk to a lawyer now!
2007-01-20 05:08:46 · answer #1 · answered by emtalex 4 · 2⤊ 2⤋
When you say he "sees" the child 4 days of the week? Do you mean he has custody? 'Cause if that's the case, he's got the child the majority of the time, and you should be paying child support. Talk to him and ask him why he's seeking legal advice, and try to work out a new deal. Do you need the child support? I mean do you REALLY need it or do you just want it so you have more money to spend on yourself. (Not accusing you of anything, you still deserve to live)
To answer your question though, if he has legal advice it's always a good idea to have legal advice of your own. So yes, get an attorney. And I don't think 300 is too much. Good Luck, don't get greedy.
2007-01-20 04:52:17 · answer #2 · answered by Chaney34 5 · 1⤊ 0⤋
You need a court order or at least a legal settlement regarding your child support anyway. If he's actually keeping and caring for the child 4 days a week, meaning that he's around the kid more than you are, $300 may be about right. If he's just visiting for a few hours on those 4 days then you could more than likely press for more money. $300 is pretty low anyway, especially if you're the primary caregiver and cannot make ends meet on your own.
2007-01-20 04:51:28 · answer #3 · answered by J 4 · 0⤊ 1⤋
whilst is REALLY good that you seem to have been able to reach a base agreement, this is where it starts to go pear shaped, maybe someone else has sort come on the scene and said OMG that's too much get legal advice..................which is where you are left now.
IMO get the child support office NOW NOW NOW and file for legal child support and visitation as trust me from personal experiences this might get messy.
And its good that he makes that much against your wages as you BOTH give in that info and the court will decide from that point, based on who has the child for what % of time.........taking into account child care costs and all that good stuff.
Start getting your papers ready this weekend and get your package 1st thing Monday.
Out of interest what state are you in?
2007-01-20 04:50:45 · answer #4 · answered by candy g 7 · 0⤊ 0⤋
actually it is about right. why he is seeking a lawyer is beyond me. it is always better for all involved to leave lawyers and courts out of your lives. why waste money on a lawyer? research your laws and go from there. in most cases the county prosecutor will represent you,because the county makes much money off child support.
2007-01-20 04:51:30 · answer #5 · answered by J Q Public 6 · 0⤊ 0⤋
Honestly, I do not think it should be based on his pay, I think child support should be based on the actual needs of the child. Let's say you did make really great money and could afford the child on your own, should he be forced to pay you $1000 a month? I dont think he should.
2007-01-20 05:00:18 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes, you need to get access to your legal rights and speak to an Attorney. Click the link below, and watch the online movie presentation. This will cover your entire family and get you access to TOP Law Firm in CA. Hope this helps.
2007-01-20 05:03:40 · answer #7 · answered by citronge69 4 · 0⤊ 1⤋
what state are you in? A friend of mine pays a PERCENTAGE of his wages. (TX) It's not a flat $300 or whatever amount you settle on. You should get a lawyer, and see if you can get a percentage. good luck.
2007-01-20 04:55:14 · answer #8 · answered by jmprince01 4 · 0⤊ 1⤋
You should get your own attorney. Any agreement you have with him regardng child support needs to be in writing.
2007-01-20 04:49:20 · answer #9 · answered by Anonymous · 2⤊ 1⤋
Yes, get a lawyer. $300 is nothing, go for $500/child or more.
2007-01-20 04:49:49 · answer #10 · answered by ? 6 · 4⤊ 2⤋