My husband and I are having a lot of problems and are talking about seperating. We have a 2 year old daughter together and another little girl on the way due in September. He is not on my daughter's birth certificate because at the time she was born he didn't want to be a part of her life and we weren't married at the time. If we'd get seperated could I still get child support from him without him being on her birth certificate? Also, what percent of the father's income is taken out for child support? He makes about $45,000 a year. Any idea how much I'd get for two children? I'm so worried about having to raise two children on my own so every little bit counts! Thank you for your help.
2007-05-11 04:30:32 · 16 answers · asked by BDiPaolo413 2 in Family & Relationships ➔ Marriage & Divorce
If it wer eme I would play it cool and have the process started to have him put on the birth certificate. Or have him admit in a notarized statement he is the father.
Even though you are having problems do you really think he would deny her just to get out of the support? that is so sad!
you would get approximately 32% for 2 children.
so about $1000 a month.
If it were me try to stick it out until your ducks are in a row.
Be prepared!
2007-05-11 04:48:26 · answer #1 · answered by Rhiannon 3 · 0⤊ 1⤋
The exact amounts are going to be dictated by the state in which you live. Some states even have alimony (spousal support). In Texas, for example, there is some relief for spousal support, but only for a short time. Child support, however, is a different issue. If the child is his, birth certificate or not, he is responsible for support. If you decide to let the state go after him (highly discouraged b/c they will eviscerate him), the general rule is (for Tx) 20% for one child, 25% for two children, 30% for three or more. This is taken from the adjusted GROSS income (only Fed taxes are deducted). Alot of this depends on the judge hearing the case. If he/she deems that more can and should be done, he/she will order it. Also, the child's health care is deducted from the father, aside from the support (again, this is in Tx).
IF you and your husband can come to a truce and solve your marital differences, both of you will come out ahead, financially and otherwise. If seperation is your only recourse, then try to come to amicable terms and outline every detail of who gets what and who pays for what. The sooner the two of you agree, the cheaper it will be. Above all this, the kids are the most endangered here. They will have to witness everything that both of you do, say, and think. Believe me, there are none too young to not be affected by this.
2007-05-11 11:47:30 · answer #2 · answered by emberstoashes_04 3 · 1⤊ 0⤋
YES, you WILL get child support for both children. As for the birth certificate part it will all come down to a DNA test, unless he tells the courts he knows he's the father and signs a paper stating that as well, therefore he will legally be responsibly for that child until age 18. It varies from state to state, but the average is about 20-30% of the pay. Hope this helps.
2007-05-11 11:45:38 · answer #3 · answered by kat 1 · 0⤊ 0⤋
You can get child support even if he is NOTon the birth certificate as long as he is proven to be the father. You will get support for BOTH children and depending on where you live you can get a total of 30% of his paycheck and he can NOT object because the courts will deduct the money from his paycheck. If you have another child on the way - perhaps going for marriage counseling would be a better option BEFORE you decide on divorce. Good Luck to you.
2007-05-11 11:45:28 · answer #4 · answered by Perfect_Brat 3 · 0⤊ 0⤋
It doesn't matter who is on the birth certificate....the courts will do a paternity test to determine if the "father" you are naming in court is the father. You could have Scooby Doo named as the father and bring your man to court and state under oath that he is the father and he will have to under go paternity testing OR he can just sign a paper stating that he is the father. In NY State one child is 17%, I believe two would be 21%. That would be about $180 per week for two kids... Good Luck.
OH BTW! No matter what anyone says...go through Child Support Collection Unit...there will always be an excuse, a reason, a "something happened to my car"...when it comes right out of their check and straight into your account there will be no excuses.
2007-05-11 11:39:57 · answer #5 · answered by H-Mom 2 · 1⤊ 1⤋
You should apply for services with you local child support enforcement agency. They will assist you at little or no cost. You must be actually separated for them to help you though. You can go online and look up your states child support enforcement site..normally they have your states guidelines and forms so you can calculate your child support there. His not being on the birth certificate is no big deal..happens all the time.
2007-05-12 21:06:18 · answer #6 · answered by curious74432 3 · 0⤊ 0⤋
If he is the father he will have to pay child suport. If he denies it you might need to get a paternity test. They will not take more than a certain percentage of his check but it also depends on how much you make. If it helps any I make 24 a year, My ex makes 37. I get 400 a month for one child. Lawyers say i can get closer to 500.
2007-05-11 11:41:25 · answer #7 · answered by mable3691214 5 · 0⤊ 0⤋
I AM NOT SURE ABOUT THE BIRTH CERTIFICATE,
BUT I DO THINK IF THERE IS ANY QUESTIONS A
PATERNITY TEST CAN BE ARRANGED AT EITHER
OF YOUR REQUESTS. I WOULD LIKE TO SAY FOR
1 CHILD YOU GET 20% TO 25% OF HIS EARNINGS.
SO MAYBE IT WOULD BE 30% TO 35% FOR 2
CHILDREN. AND LETS JUST SAY IT IS 30% THEN
YOU PROBABLY RECEIVE MAYBE 800.00
TO 1200.00 . DON'T QUOTE ME ON THAT. I JUST
TOOK 30% TIMES HIS EARNINGS AND DIVIDED
IT BY 12 MONTHS... THAT IS HOW I FIGURED IT
OUT. WELL HOPEFULLY THE TWO OF YOU
WILL NOT SPLIT AND ARE ABLE TO WORK
THINGS OUT AND LIVE HAPPILY EVER AFTER..
GOOD LUCK AND BEST WISHES.......
2007-05-11 11:58:18 · answer #8 · answered by Rosemary M 3 · 0⤊ 0⤋
Not sure what state you are in but here is a child support calculator link that covers most of the states.
http://www.alllaw.com/calculators/childs...
Chances are the judge will make him take an paternity test if he denies the paternity of the 2 year old
Good Luck
2007-05-11 11:53:54 · answer #9 · answered by Texas Happy Horn 6 · 0⤊ 0⤋
He would have to either sign a declaration of paternity agreeing that he is the father of both of your children or take a paternity test if he denies them during your custody hearing. As far as how much he would have to pay, that would depend on the percentage of time that he is going to spend with the kids . . but don't stay with him simply because you don't think you can't afford to leave. If you want to leave then do it and MAKE it work! It's your responsibility
2007-05-11 12:28:42 · answer #10 · answered by Drew's Mom 3 · 0⤊ 0⤋