child support?

Question

My ex seems to think that he can take me to court and demand that I give him $400.00 more a month in child support (my two oldest live with him; better schools where he is) because he needs that to cover the mortgage on a townhouse he just bought. I tried to explain to him it doesn't work that way: they go by a percentage of income and it's based on mine vs. his. I have medical problems (12 surgeries and procedures in the past 2 years) and no job. I stay at home with my son. Even if they go by my husband's income, he only makes $10.50/hr. Enough for us to live on. My ex makes like $70,000.00/yr or more. He just has a lot of bills and spends too much, that's why he's coming up short. Is there an online resource or something I can point him to before he wastes everyone's time and money going to court, getting attorneys, etc.? I do pay child support now and see my kids very often; in fact, more that he'd like me to.

I just checked on Virginia's DCSE website. He cannot go by my husband's income and based on my income, he can only get about $65.00 a month. Let him waste $4,000.00 on an attorney.

Answer 1

ah... nope, he can't demand that they give him what he asks for, yes, there is a formula courts have, that can be adjusted according to each situation...but they won't make you pay more just because he asks, lol! actually, they can't base the support you pay on your husband's income! that, my dear, is against the law!!! you, need to get a court appointed attorney if this does make it to court, lol! =) they have to base it on minimum wage for you because you are not working... and no, they can't make you go to work when you are staying home w/ other children because they are little! =) good luck! =) your ex makes $70,000? good grief, a greedy fellow...

Answer 2

OK you get all your stuff ready because even though you may be right that isn't going to stop your ex from going to court and ask for more money... make sure you hear me? make sure you take your medical record with you.. and the fact that your now hubby doesn't make that much an hour and your home sick and taking care of a child,it will help the courts go by ones income.. your ex just want to live it up on you.. don't let him consult a lawyer if you have to when it comes to this, I am sure he won't get more than what he is already getting.. CHILD SUPPORT SUCK! I hope you don't live in the state of Florida.. good luck.

Answer 3

THE ONLY PERSON RESPONSIBLE FOR THE CHILD SUPPORT PAYMENT IS THE payor not your husband.

I don't think the courts will make you pay more if you can prove you don't have more to give BUT there are many cases out there that people have been forced to pay more even though the calculations showed they did not have to pay more. If you are behind then they will put pressure on you to make up what has not been paid that is where many people have been put in jail over.

But if you ever gets behind on payments or late they can get money if you have a joint checking account, joint savings and so forth. Also if you file joint tax returns then the money you and your husband get back will all go to pay late child support or arrears so don't file together if your husband wants to keep his tax refund.

I can not say this enough:
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!

Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay my money order or check and keep copies of EVERYTHING YOU HAVE PAID.

***If you pay directly to your ex then get a file and keep organized records over every child support payment.***
***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support payment***

In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee's enemy and no matter what your x is doing will not matter cause THEY WANT THE MONEY.

KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.

Answer 4

You don't mention where the original court order for support was issued (what state) and if the child living with you is His or not.

Those are ALL relevant issues to a correct answer.

Suffice it to say that until you return with those answers, he has every right to file a motion to modify for any grounds he deems necessary and the court has the right to impute an income to you although you do not work.

Answer 5

What "doesn't work that way" ??? Are you living on the moon? The judge can, and they often(!) do, rule CS decisions based on the child's need to maintain his or her circumstantial standard of living. In other words, the law recognizes a child should not be forced to live at a level below that is reasonable for a child to live. This way, you will be forced by court decision to obtain a second job and provide the child with a standard of living ruled reasonable by the court. Now get your dead-beat bum a*ss outta here.

Answer 6

He doesn't need an attorney to request an increase in child support, he can do the paperwork himself.

Answer 7

let him take u to court, he might end up paying u alimony if he makes 70,000 a yr and i doubt that he can touch ur husbands money. not sure u would have to pay child support either with ur medical problems. call ur custody office up and ask them what they think, they will crunch up some numbers and let u know right there, they already have a formula for all of this.

Answer 8

You're right. CS is very structured. A legal website of family-law firm in your state might have a good explanation he would accept (since it wouldn't be coming from you) and show the calculations involved.

Answer 9

Just because he has made more bills for himself, does not mean he will get more money.

Answer 10

i have known many people that didnt have a job, and were still court ordered to pay support. he may just have a point!