Child support question...
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Child support question...
| Fri, 03-24-2006 - 10:33am |
Okay, so starting this month the ex's child support is supposed to come directly out of his pay and come to me. Will the check come on the first of the month like he was supposed to pay it? I'm mostly just curious so I know how to budget things. Thanks in advance!!
Oh one more thing... I'm also concerned that my lawyer told me she had to put a dollar amount for his CS in the paperwork. The amount she came up with is very low - lower than he's ever paid even for months that he took time off of work. She said that there is a % that they'll take out if he makes over $1000 (or so) a month - which he does. I worry that I'll just get the $305 that she stated. Anyone else have experience with this?
Melanie

Sounds like an accounting nightmare!
My guess is that you'll now need to allow for mail time to receive your check... and "processing" time.
Karen ~ wildlucky4me ~
I have heard stories that the first check is sometimes a couple of weeks late, so I wouldn't count on it coming by the 1st of the month, unfortunately. But maybe it will surprise you!
Unfortunately, I don't have any experience with the amount/percentages of the support varying.
Karen ~ wildlucky4me ~
I hear ya! Imagine my disgust when I got a CS check for about 1/2 what he'd been sending. The reason... he took a week off of work and didn't get paid for it. My attorney told me that for an hourly employee this is normal and my ex chooses to be an hourly employee. In the same train of thought, it's not my kids' fault that their dad chooses to be a factory worker instead of an engineer too. I'd love to get support based on his old salary. Oh well.
Melanie
Even still.... it should be consistent.
Karen ~ wildlucky4me ~
True, but again if he works overtime he has to pay 28% of that as well. I don't know, it's confusing to me too but I also do not want the $305 amount to be his monthly child support amount! That seems awfully low for two children when he makes more than I do!
Melanie
Wow..... definitely.... accounting nightmare!, and yes, $308 seems really low.
Karen ~ wildlucky4me ~
I sympathize with you with this child support crap because that is what it is. You don't want to depend on the X for anything but then again your child(ren) deserve what they are entitled too. $305 doesn't sound like boo for two children. I was at $501 for one child in michigan. But now it is down to $480 because he isn't making that much. I can't even remember what rubbish he turned in for his order to lower child support.
Since my X is "self employed" I have to go through the State Disbursement Unit (no it isn't welfare or assistance and I am not on any or receive assistance)then they send the money to me. I have direct deposit set up and sometimes it really is that direct. It takes sometimes a couple days and then sometimes the same day. REally screwing and I can't count on it being there on the 3rd of every month. He pays when he pays. Rigth now he is arrerrages of over $1200 and he just made a $200 payment. So he pays what he wants when he wants.
But I would defintely look into the checks you receive going direct deposit. It I am sure would be a whole heck of a lot faster for you to receive them. Just an idea.
I hear ya my X can make a whole heck of a lot more money but he chooses to bum off his sisters and their husbands and pay NOTHING towards food, utilities but he has time and money to make 2 more babies with another chick not even 13months apart. Funny how we were smart enough to not make more than we can handle with our beautiful DD but he can't even take care of ours (please refer to DD had surgery and X) but he can have welfare take care of his other 2.
Nice.
Hi Mel,
Was wondering how you are doing~I so hope you end up with a fair and reasonable (and even more important---- 'regularly received') amount of CS.
Not sure about your state; but for California one thing I have learned is that even when there is a court order for one parent to pay cs, if they 'make' less for any number of reasons (illness, missed days from appointments etc...) the 'garnishment' the company takes from the employees' wages is NEVER more than 50% of gross, period. If they lose their job, get demoted or other things of course they or you can ask for another CS hearing to change the CS amount.
So for the (very short and sporadic) period when we did get checks early in our separation from stbx's parents-owned business...(*they 'lowered' his salary to an hourly wage; then took 50% of the gross and thus their calculation that instead of paying $1300 a month for cs as was ordered; by law they don't have to "take more than 50%" of the ncp's salary for wage garnishment - so the (5)kids and I would get approximately $600. a month when they did send it. I still am not clear if the Dept of Child Support looks at the difference in the amount as something that is added to the 'arrearage' or not, don't think so or he would be even further behind than he is right now.
I have w-2's, and actual printouts of salary/checks from his company for two years prior to the divorce. He is taking me to court now (in April) to revisit the amount -- and try to get the amount drastically lowered, since 1. He makes only 'minimum' wage now since his company has suffered so during the interim divorce process, and 2. to request that since I made $15.50 per hour for a five month period of the time, during which he was supposedly only making $7.50 per hour, that I pay him cs based on 51-49 custody, or that an amount be assigned to the 'positive' side of the amount for which he is now in arrearage (*about $6k).
I know that the judge is well aware that stbx and his family have manipulated his salary etc to make it look like he is 'just' an hourly worker; and I am pretty sure he will issue a stern "You have credentials and years of experience, I urge you to find a higher paying position" statement. However, am fairly certain that since stbx has been able to successfully delay the hearings and the final trial for so long now...the calculations for the CS are going to be based on the 'hourly wages' he is making as now it has been almost a year that he 'began' making less money...and the court basically asked both of us to turn in bank statements for one year, salary history and any additional assets available...stocks etc. So still, he is going to get an assignment of cs based on five children at (currently) close to 50-50 parenting time, with his wages based on the hourly wage of $7.50. Then when at trial, if I do get full physical custody, I will have to initiate another hearing to be heard so that I can request the cs be changed to 80-20 percent calculations, still based on his supposed $7.50 ph income.
For me, I just so wish I could say....keep it, submit X amount annually for the kids college fund or something like that and lets just live in our different universes and have no connection except when the children are transferred during parenting time...I so want to be completely out of his 'orbit.' But the kids do 'need' the cs right now since I am not able to (acck feel like such an incompetent not to be able to earn enough to do all this)bring in enough for basic living necessities ....so I will keep going through the process to try and get even a small amount of cs. Bah.
I will bless the day when I can provide for us so totally that whatever he does send is just put into savings for the kids needs, and not 'needed' for our basic living expenses. All I can do is work hard toward taking care of us; depending on him for anything at all just provides more input to his power-over formula for life as long as I am in his 'reach'...regardless of how it affects the kids. He still to this day says, "I forbid the divorce and its not right that she can get a divorce and get 'paid' to do it with "MY" money." That is his warped attitude. Someday I hope he will move on. In the meantime, I will luxuriate in the little bit of freedom I have, continue to learn about myself so I can get more healthy and love my kiddo's with all my heart.
I hope you end up getting a reasonable amount of cs Melanie for the kids AND your sake. *Hugs....Annah
P.S. **After all these months of his antics and reading so many of you ladies posts' about ex's who are 'self-employed' or have their own business...I am thinking the ONLY way I want to support my kiddo's until they are all at least senior's in high school is through some sort of business of my own. It will allow me to work as 'hard' as I want to and can around the childrens needs, and also I will have much more 'flexibility' apparently in providing income information to the courts for the ongong CS issues. Clarity feels very good.
Edited 3/27/2006 11:05 am ET by flalass
What did your attorney say?? The monthly child support amount should be the % of his pay for the state he lives in, what is RI %age? For example, my BIL's exgirlfriend was on welfare when she had her son, so they wanted her off welfare so they went after the maximum for her which I believe for the state of MA is 25 or 28% of pay, so he paid $200.00 a week for 1 child. For Child support. Did your lawyer put 305 in the paperwork as the amount he is to pay every month?? If so I would have her take that out. I would make her put in a percentage, that way if his salary is higher due to commissions or what not that way you get more when he makes more.
Either way, if your exhusband chooses to make a lower salary so you do not get more money, he is going to continue to do that and you will continue to get less money, you may need to get a better job yourself to make up for the difference. This is part of the reason you divorced him right, lazy worker...