My brother lives in Indiana and is considering a divorce. I know through my own experience that child support goes on a fee schedule with combined income. How is it figured if the mother stays home and does not work. She home schools, they have 5 children ,4 are old enough to be in school full time.
2007-07-28 11:14:52 · 10 answers · asked by Ba j 1 in Family & Relationships ➔ Marriage & Divorce
She will get a good percentage of his pay, for a while. She will have to get a job, learn a skill, whatever.
2007-07-28 11:46:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Every state has their own laws. Family Law is complex, however most cases where one parent is unemployed, the child support enforcement office which provides the child support worksheets has a formula to calculate an estimate based on the unemployed parents age and education. Even if you are unemployed you still would have to pay child support based on what the state says you are capable of making. The only way you would not have to pay the mandatory calculation is if the parent receiving child support agrees that you should not pay. In that case the state has a mandatory minimum usually it's $25/mo. regardless of this request. Even prisoners have to pay the minimum. In some cases, if you are below the poverty level in your state, that would also constitute for the mandatory minimum. The best way to determine your specific situation is to contact your local court and speak with a family law facilitator. They are free and can walk you through step by step. You can also contact CSO and ask to speak with a child support officer and request a copy of the child support worksheet and can basically calulate the approximate support the ex would end up paying. The number is 1-800-526-8658. They can connect you to your local child support enforcement office. It is something that can be done without an attorney. Best Wishes.
2007-07-28 11:40:12 · answer #2 · answered by flygirl 2 · 1⤊ 0⤋
All states are different sometimes they will figure in the potential of the non working party of work figured by their experiance and education in some cases like if the person was jsut a high school graduate it will be minimum wage work a minimum of 20 hours a week and if that person dosent work it stayes at that and once he or she starts working again the working party can go to the state and have them look into the wage they are getting paid the hours and what not to adjust support however if this being the case those working hours if the children need to go to daycare the state will usuially make it get split down the middle so you have to be carefull
good luck hope this helps
2007-07-28 11:22:39 · answer #3 · answered by Derk S 3 · 1⤊ 0⤋
here is my case. I was married for 9 years and now we r getting divorce with two kids, i work full time and she works part time. i make about 65k a year and she makes about 12 an hr i think for about 5 hrs a day and she gets 1000 child support and 500 spousal support a month eventhought i have 43% of the physical custody, how messed up is that instead of the court forcing her to get a full time job since she was the one who wanted to be single. By the way thats in CA
2007-07-28 11:59:41 · answer #4 · answered by victor_carrillo78 1 · 0⤊ 0⤋
Child support is calculated by what the income is, a formula of what the expenses are, then the attorneys look at the guideline as to what is appropriate amount for support. Unless the law changed, your brother may be in for a shock after the figures are done.
2007-07-28 11:33:11 · answer #5 · answered by acedelux 6 · 1⤊ 0⤋
That depends on the state law. Some states go by both parents incomes, some go by the parent who is paying support's income. Also, he may or may not have to pay alimony. Again, its different between states. Some allow both alimony and child support, some only allow for one or the other, whichever is more.
Here's a link to the child support site in Indiana to read through http://www.in.gov/dcs/support/.
2007-07-28 11:33:08 · answer #6 · answered by Melanie J 5 · 1⤊ 0⤋
Shes going to be collecting a whole lot of child support and even possible spousal support too especially if she didnt work during the marriage and before the divorce
2007-07-28 11:19:33 · answer #7 · answered by Arthur W 7 · 1⤊ 0⤋
Because she doesn't work they will base it off of minimum wage. They will average his income and minimum wage for her to come up with what he should pay for each child. My husband went through the same thing with his daughter. They were never married so I can't tell you how spousal support works. But I would be willing to guess that he is going to be paying her ALOT of money.
2007-07-28 12:06:32 · answer #8 · answered by kjw580 1 · 1⤊ 0⤋
It depends on what state but she will receive it for the kids. I can't say a spousal support.
She'll probably put the kids in school when the divorce is final because she'll have to get a job. I'm assuming .
2007-07-28 11:32:39 · answer #9 · answered by Mekia 2 · 0⤊ 0⤋
You should be more concerned in trying to fix your brothers marriage rather than worrying about how much he is going to be paying in child support, they have 5 children together you should think about them first.
2007-08-01 06:48:22 · answer #10 · answered by beba 1 · 0⤊ 0⤋