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Author Topic: Tough situation  (Read 1799 times)

dice

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Tough situation
« on: Jan 19, 2005, 07:30:07 PM »
Please, could anyone tell the max child support i have to payout for Louisiana, Mississippi. Here is the situation. I was married for 10 years, i have 3 kids with her, and she left and we divorced. We currently have joint custody, and im not required to pay child support, because the kids stay with me alot. However, that is about to change, because they need one parent to make decisions for schedules and things like that. I understand Im going to have to pay her 22% of my gross ajusted income and im fine with that. Now, here is the kicker. while i was going through some tough times right after the divorce i had got another lady pregnant in the state of Louisiana. I know they calculate her and mine income together and take a percentage of it to support the child. My question is, what is the most they can take from my pay if im already paying 22% to someone else already. Also, i'm happily married now and also have a step daughter that live with me. Plus, im the only one working. PLEASE any advice. Thank you so much in advance.

Confused in Mississippi


ocean

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RE: Tough situation
« Reply #1 on: Jan 19, 2005, 07:53:57 PM »
I know in my state it would work like this: IF the 4th child has a child support order through the courts then that amount you pay gets deducted from your salary first then your ex-wife gets whatever the percentage for three children. Here is it 25%. You need to look up the state in question and use the child support calculator. It will give you an estimate of what you would see. IF you have them quite a bit you can ask for a reduction. Will she agree to an amount or do you think you will have to go to court?

dice

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RE: Tough situation
« Reply #2 on: Jan 19, 2005, 08:42:08 PM »
OK, this is Dice's wife.  There's more to it than what he told you.  Not sure why he didn't include all the facts.  Here's a breakdown.

Dice was married for 10 years to L.  They have 3 kids together.  

After his divorce from L, he met and slept with S.  S got pregnant, but Dice and S had already broken up and didn't get back together.

During this time, Dice met A, they started a relationship, and slept together.  A got pregnant.

In Sept. '04, S had her baby.  In Nov. '04, A had her baby.

L wants child support in the amount of 22% of AGI, which is fine.  That is $331.

S is now suing to establish paternity and child support.  She is in Louisiana.  Dice and I are in Mississippi, and L is in Mississippi.  A is in Alabama.

According to LA law, Dice would have to pay S $502 per month.  A will accept $200-$250 without going to court.

So, we have $331, $502, and $200 = $1,033 per month

His take home pay is only $2000.00 per month.  I read that 50% of his pay can be garnished for child support.  So we may end up having to pay out $1000 a month total in child support.

But there's no way we can survive if his pay is cut in half, even when I go back to work.

Any suggestions?  Maybe some loop holes that someone knows of?

And feel free to ask any questions you need to for clarification.  I know this is complicated.

dice

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RE: Tough situation
« Reply #3 on: Jan 19, 2005, 08:50:31 PM »
Oh, I forgot to add this.

I talked to S tonight, we we made her an offer.  Let me preface telling you what the offer with this.  Dice wants no involvment with the child that was born to S.  I'm not going to get into the reasons, but the list is long.

OK, that said, here is the offer that was made to S.  We will pay her a lump sum of $10,000 and Dice will sign over his parental rights, and we never need to have contact again.

She said she will think about it.  I know she doesn't want Dice to have anything to do with the baby, and she said several times that if she agrees to it, he HAS to sign over his parental rights.

Not sure if that makes any difference.  Just wanted to make sure all the facts are out there.

Although it does pose a question.  If S doesn't want him to have any parental rights, and his parental rights are terminated, does he still have to pay child support?  S and the baby are in LA, and we are in MS.

raf

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RE: Tough situation
« Reply #4 on: Jan 20, 2005, 10:26:59 AM »
Even if he terminates his parental rights he will still have to pay support. The only way out of this is if someone else assumes the responsibility of supporting the child.

Tell him to get fixed or wear a condom.

Your worst nightmare will be if you give her the $10,000 and she then goes right ahead and files for CS. She cannot waive her child's right to child support and she can claim that the $10,000 was just a gift.


ksmomof2girls

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RE: Tough situation
« Reply #5 on: Jan 20, 2005, 11:42:02 AM »
You can have it drawn up where it states that he doesn't have to pay CS when he terminates his rights.

My "Sis" did that when her daughter was born.  She got divorced right afterwards.  He signed over rights and he wasn't required to pay CS.  They were in TX.  She just re-married almost 2 yrs ago, and step-dad is adopting her daughter in March.   Her daughter is now 7 yrs old.


KAT

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RE: Tough situation
« Reply #6 on: Jan 20, 2005, 02:27:21 PM »
Yeah, it would be a stupid move on his part to give her 10 G then attempt to terminate his parental rights. Number 1, TPR requires an administrative hearing. This is where the judge hears WHY it is in the BEST INTEREST OF THE CHILD (NOT the best interest of the parents) to have his rights terminated. Because this means the state would be responsible to pick up the tab should something happen to the custodial parent & because this takes away the child’s right to inheritance & because the states don’t like to essentially bastardize a child it’s probably NOT going to happen just because THEY AGREE without the benefit of a step parent adoption. Now that said, you don’t even KNOW if that state is one of the ones (there are 11 so far) that actually terminate the support obligation along with parental rights. IF this is the case trying to pay her off is also a stupid move. You see, according to the law, a parent can not simply remove the child’s right to financial support. So sure you can give her 10g’s to go away but she can come back next year, next week, tomorrow, say she’s broke & needs your husband to financially support the child. The courts aren’t going to care that he gave her money to last how many years. Do you see what I’m trying to say here? Trust me, I would have love nothing more then to just give Mr. KAT’s biohag a lump sum to just go away…and she would have..For a while that is. But man, that would have been sweet to be able to do so!!!!!! Too bad step-dad said he wanted nothing to do with HER kids, heck his own mother told me he didn’t want anything to do with his own children….wonder how that home life is eh? HA!
Part of the problem with the 50% (55% if in arrears, 60-65% if not married) thinking is that is for federal garnishment. It doesn’t get him out of still being held responsible for more…Some judges go for it, some don’t…it’s the luck of the draw. He’ll also be responsible for bringing UP the fact to the judge. Don’t let it be determined without him being there & reviewing the numbers!!!!!! Bring proof..ah heck, get yourself a big file, take it everywhere.
He is so screwed. I really don’t know what the man was thinking. He could have solved all of his problems by just having a simple 200.00 operation at the local clinic.
DANG, but it’s done now. Only thing I can think of is to work a second job. If he has 10 grand then look into investing in real estate, flip some homes…it can be done, there is a TON, just a TON of information available on the internet, you don’t need to buy the *plans*. Put it all in your name. Keep everything separate!!!  Go back to college & obtain a better education…make sure that any increases are awarded BEFORE graduation & his obtaining better employment so that will at least give him so breathing room.
Listen, I know how you must be feeling but it really doesn’t last forever…it just might feel like it. The kids will start dropping off one at a time, things will get better. You’ll all be a little older a little wiser & have to work full speed into making something towards retirement but it does happen….we only have 236 days left.
Good Luck.
KAT

4honor

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Has paternity been established for...
« Reply #7 on: Jan 28, 2005, 05:07:38 PM »
S's child and for A's child? (If not , pay the $ to do it. 70% of tested males are not the fathers.) Lets face it, if a woman will lie down with you outside of a relationship, what is to keep her from doing the sme with someone else? Some women can be opportunistic "dogs" about sex, just like some men.

The step child and spouse do not usually factor in to CS orders, unless they have a significant income (i.e., won the lottery, heir to millions).

The other children CAN be factored in, but you will have to fight for that to happen and it is not guaranteed. They can order high support, but they can only collect a certain amount through wage withholding. If your CS order to the exwife is not under wage withholding, get it there! That will make it easier to limit the total withholding.

If you are sued for paternity and for child support, ANSWER in the recommended time (usually between 10 and 30 days) or they will order whatever they like without your input or any basis in fact. I do hope you haven't signed any birth certificates or admitted to paternity without having had it proven by DNA. You can also anwer that you refuse to submit to the other state's jurisdiction, (after all, you don't live there, have not lived there in the past 6 months, have no economic ties to that state - if that is the case.)

Finally, in order for additional children (bio) to be considered in a CS calculation, you will need to prove you have a duty to support them and that you do so.

A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

 

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