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HELP.....where can I find info???

Started by dadof3plus2, Jan 12, 2005, 02:57:49 PM

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dadof3plus2

I am needing to find some information ASAP! I need to know where I can find information on a CM not being able to work because of having to care for her step-children.

We go to court tomorrow morning over child support. The CM (my ex) is stating that she can not work....and therefor they should not impute her income......due to the fact that she has to care for her step-children!!!

ALL of the kids (her bio kids and her step-kids) are all in school all day long. The oldest kids are old enough to babysit (ages 13 & 14) the younger kids (8? & 12) after school for a couple of hours if needed. The older two already babysit other kids!

We are in Missouri. She is a school bus driver that works 4 hrs a day. We are trying to get the judgew to impute her income to at least fed. minimum wage if not higher since she has a CDL license and can seek better employment.

PLEASE HELP!

Thanks,

dadof3plus2

MixedBag

You're on the right track and stuff like that is found in case laws in your state, not in the actual code.


ocean

Can you look in your paer and bring in ads for bus drivers and the amount being offered? I know here there is a constant need for bus drivers they are getting $15 per hour! Plus all kinds of bonuses. ..but I am on NY....so look around you....call a bus company around you and ask what the going rate is? Good luck!

rachaelmomma

I am in GA and here your portion of expected contribution to child support is based on your ability to earn (generally an average over the previous 2 to 3 yrs) with a minimum set at an income equal to the poverty line in your area.  Meaning if your Ex was previously making $30,000 a year and now wants to quit work to take care of kids she will still be responsible for the % of the total that equals to her $30,000.  If she never worked her responsibility is the % of the total  that equals to the poverty line in her area (probably like $15,000).  In any event she is responsible for a portion of the expense of the children.  They are her children.  It takes two to make 'em and it takes two to pay for and raise 'em.

Most courts wont take into concideration the Skids as they are not LEGALLY her obligation to care for.  That works for and against us SM's.

Check the code and the cases that refference minimum expected contributions.

JM2C
R

wendl

HAHAHAHAHA cannot work due to having to watch her stepkids. OMG when dh had his cs reduced and BMs income imputed her arguement was that Dh could get a full time job (he was laid off and on unemployment and going to school) She said she couldn't work due to being a full time student, the commissioner said SO get a job and imputed her income at what a woman of her age would make on the average according to teh stated guidelines and cs was reduces quite a bit. Kinda funny how she felt dh could work and go to school (even though he had an income) yet she felt she shouldn't have to work and be able to live off of cs based on what dh USED to make.

That was a good day in court I still remember that day and how bm reacted.


**These are my opinions, they are not legal advice**

dadof3plus2

Well, we went to court Thursday. Not real good but not real bad either, I guess.

They did not impute her income to what she should be or could be making with her CDL license that she has had for 5 years! And, they did not impute her income to the CDL level because she has a step-daughter that is 10 yrs old! I still do not understand how this can happen!

They also "lowered" my income by granting me a "road expense" since I am a OTR truck driver and am supporting not only my "house" on the road but also my home and family at home.

They wanted to raise it by about $300 a month and take it back to 2002. If this had happened, I would have been in arrears to a tune of $4800 and an increase of CS. But, my lawyer negotiated and was able to get them to go for an increase to $600 a month and an arrearage of $912. The judge ok'd this........so I feel that it did end up going better than it could have. She will now get $76 more per month in CS than she did before!

Guess that $76 a month will pay for her satallite with movie channels so that she can sit on the couch all day and eat her bon bons. More power to her!

dadof3plus2