My husband has a child by another woman. They had the child support set at a certain amount which left us with money left over for the necessities and that's pretty much it 2 years ago. Ever since he got out of the marine corps he hasn't been paid as much and this is killing us. We lost our duplex cause we couldn't pay rent, sold our car, we're living with my mother and I'm 8 months pregnant. The mother agreed that it should be lowered but is taking no action and leaving us with 400 bucks a month to live on, which is less than what she gets. We've been selling as many things as we can, he's been doing as much side work people are willing to pay him for. I'm so scared that when the baby is born in a month we won't be able to take care of him. Is there anything we can do to speed up the change, or are we stuck waiting on her to do something?
2007-08-10 21:13:18 · 9 answers · asked by Mrs. P 2 in Politics & Government ➔ Law & Ethics
Okay. From the courts point of view, your husband had THIS child before your and he KNEW he had THIS obligation prior to having a child with you. The court will ALWAYS favor the first child over subsequent children. That being said, your husband through no fault of his own is earning far less than he was when the order was set. If at all possible, he should contact the mother of his first child and ask if she'd be agreable to lowering support (due to his change in financial situation--not because you're pregnant!), If she does agree-they can simply ask the agency for a stipulation and order amending support.
If that is not possible, he should request a review due to the change in circumstances (he should not bring up the fact that he is having another child--courts FROWN on that). Focus on his present income situation only.
Typically, support for one child should be approximately 15-20% of gross -depending on your state. Do NOT insult his child by offering to pay less than that. If you still can not make ends meet--he may need to find another higher paying job or at least a second PT job.
Sorry if it's not what you were expecting--but that is honestly the way it works. I know--I've been doing this for 10 years.
Good Luck!
2007-08-14 04:33:35 · answer #1 · answered by Cherie 6 · 1⤊ 0⤋
Try legal services and get a modification of child care plans and get the amount you pay lowered. I have seen where some people only get $50 a month for child support due to the other parents income being very low. Also the fact that you have a child on the way will also say alot in court. Does the father get visitation rights? Does the child know you and the father good enough to live with you part time? If yes, then your husband can fight for joint custody. This way your husband can have the child for 6 months out for the year. If the mother still wants support, then she can still get it, but if she gets it, you and your husband can get child support from her when it is your turn with the child. I have seen in most cases like this when parents have joint custody, neither one wants to pay the support, so they don't have a support order.
2007-08-10 22:11:02 · answer #2 · answered by Dakota Lynn Takes Gun 6 · 0⤊ 1⤋
Not sure what state you live in but in Missouri you can file for an amount change every 3 years. With the change in your income and number of persons in your family about to increase you should get a reduction. They also give a cost of living increase and go by the income of both parents. You may want to check with the Department of Social Services or Child Support Enforcement. Good luck with the new baby and hang in there, remember you are dealing with the government and they don't usually get to excited about any thing but a paid holiday and a pay check. (my own personal opinion) lol
2007-08-10 21:25:18 · answer #3 · answered by Sally 2 · 0⤊ 0⤋
It's not the mother's responsibility to file to have the support lowered due to the father's income being lowered. Think about it...as long as she gets her child's money, why should she really care how much you and your child have? Her child was born first, and therefore is first in line to be supported by your husband.
Dad needs to file the paperwork with the court. A substantial loss of income is an adequate reason to request a hearing on child support.
2007-08-11 02:05:02 · answer #4 · answered by Mama Pastafarian 7 · 0⤊ 2⤋
you can call the attorny Generals office and ask to get help to lower the child support or go the court house where the case was done and fill out order to show case modifacation of child support orders legal aid should help fill out papers and maybe even give you a lawyer. once filed you should have a court date. if your child support is not withdrawn from his pay check and he rights the check his self then if they agree on an amount of support they can right it up noterize it and then just start paying that amount GOOD LUCK
2007-08-10 21:48:18 · answer #5 · answered by sunshine 2 · 0⤊ 1⤋
I would think he could take her back to court and prove his income has dropped, and get the court to lower his support. My neighbor did that.
2007-08-10 21:20:25 · answer #6 · answered by Anonymous · 3⤊ 0⤋
go back and file a supplemental petition saying circumstances have changed. very simple just have to prove your income is less.
2007-08-11 01:00:03 · answer #7 · answered by Anonymous · 0⤊ 1⤋
The money's going towards his child. It's his responsibility.
2007-08-10 21:28:47 · answer #8 · answered by santokieann 2 · 2⤊ 2⤋
you need to call a lawyer to get some advice or call the courts
2007-08-10 21:19:27 · answer #9 · answered by terpinturtle 3 · 0⤊ 1⤋