Child Support Question?

Question

A friend of mine was married for 8 years and has 2 children. He has now been divorced from his wife for about 2 years. She has custody, but he sees the kids one night a week and has them every other weekend. He lives in a one room apartment, it's not like he's living large. He was ordered to pay 250$/month child support, he wanted that amount just attached to his wages. However, the 250 was more than the 55% limit that they can take directly from his wages. Well, now his ex-wife is taking him to court for the difference between the 55% and the 250$. He doesn't have this money. He barely has enough money to feed himself, but his lawyer is telling him that there's nothing he can do and he will be going to jail. Anyone have any advice?

I just want to add to this that his ex wife is getting remarried. Her soon to be husband just bought her a new house, about an hour and a half from the father, so he has to drive that much farther to get the children now. The ex wife does not work because her future husband supports her, however his income can not be factored in, which leaves my friend making 100% more than her. I don't think that at this point anyone needs to feel sorry for her. That's just irritating! She cheated on him while he was serving our country in Iraq. This is why the no fault law sucks. She also got the money when their house sold. Ridiculous.

Answer 1

He's not going to jail unless he is really far behind. These things usually take several visits to court.Tell him to stop worrying...and get a better lawyer...the up side...she could lose this and get the support amount lowered...it has happened

Answer 2

Get a new lawyer. I can't believe any court could put an order in place for more than 55% of his wages.
Although 250 a month for 2 kids isn't much either. We pay more than that for 1. Maybe it's time he looks for a better job.
I don't know where he is, but most of the time they don't put fathers in jail that are making an honorable effort to pay their obligation. I would definitely look for a new lawyer, this one just seems lazy to me.

Answer 3

I live in NY state and pay my ex-wife $1100 a month for the previledge of seeing my kids (one son and one daughter) every weekend. Now, because my ex-wife got remarried, she does'nt work at all and still receives the max. amount of support because the scales are tipped in her favor (she has zero income). The system is broken and needs to be fixed!!
I have tried for custody of the children, but unless I can prove to the court that she is an unfit mother, I have no recourse.
Its a ridiculous situation.

Answer 4

Usually support is set according to the amoount both parents earn. If the $250 is too much for him, tell him to contact the support agency his order goes through and ask for a modification hearing. They will reevaluate both parents income and set support based on that. Normally they can take up to 60% of the absent parent's income if they have no other dependant children. Good luck!

Answer 5

there are all kinds of child support calculators online to help him figure out what he should really be paying.

i don't know what state he lives in, but in mine, they are not going to make the dad homeless in order to pay a certain amount of child support. yes, it is based upon the age of the child, and how many children, but they also factor in how much he makes, along with how much the mom does, or should make, if she is working. day care will also be factored into it if that is an issue.

if this is really what he should be paying, then my guess is to get a part time job or get a better job.

finally, i would be calling another lawyer. maybe you can find one who does free initial consultations, and just use that time to ask him if this deal is really legit or not.

good luck!

Answer 6

I am a single mother of 3. I receive child support
when my ex feels like it. I have to work 3 jobs a
total of 72 hours a week just to stay even with no
extras. It is hard for both sides I am sure but your
friend may need to bust his hump a little more.....
Tell him to think of it as "when his children grow
older they will know that their father loved them
enough to go the extra mile" what goes around
comes around....

Answer 7

For starters get a better lawyer. Also he could release his financial information to the judge, include pay stubs, rent receipts, grocery bills, gas/car insurance. Turn everything over, Although 250 isn't that much for 2 kids. Good luck

Answer 8

The lawyer is right. There isn't anything the man can do. The law almost always is on the woman's side when it comes to child support. It's funny to me that a woman screams equal rights all the time, but then when it comes down to divorce and child support it's always the man's job to support. It hardly seems fair to me.

Answer 9

Child support is calculated according to a formula written into state law. That formula combines the father's and mother's gross income. Each parent is allowed certain gross income deductions, including the sum of local income tax actually paid, any child support or spousal support +order for other children or former spouses, and the value of a federal dependency exemption for each biological or adopted dependent of his or her household(not including the dependent(s) for whom child support has been ordered).
The total of both parent's adjusted gross income is applied to a chart, which identifies the amount of support required to raise children in the parent's income catagory. The paying parent pays his or her pro-rated share of that charted amount. For example, if Mom earns $10,000 (gross salary) per year, and Dad earns $30,000 (gross), the combined gross income is $40,000. For one child, lets say the charted amount is approximately $6,500 of child support per year. If Dad were paying support, he would pay $4,875 per year, or 75% of the charted amount, because he earned 75% of the total combined parental income.
I just recently went through a child support hearing, when the judge read aloud the amount to be paid by my ex husband in child support, we were both asked if this was an agreeable amount. Your could have asked that the amount of support be a little lower at that time.

Answer 10

I think it all depends on the state....For example in Va they look at both parents income. I get hardly anything at all, because I make more than my son's father, even though I pay way more in rent, daycare, school, utilities, etc..They don't factor in that stuff here...So I guess he should look in google and type in child support enforcement for his state and look at the rules...and maybe get a new lawyer...