How does child support work?

[DDS]

I started a custody thread on the other forum, and now i need to question Child support. She started threatening me with child support.
Here's my questions.
1) She's out of work now, but when she returns, she will probably make more than i do. Do i owe her anything?
2) If i am able to get 50/50 or full custody (i'm going for 50/50) do i owe her anything?
3) she is a leech of the govt. She makes $1600 in unemployment a month, and i make roughly 2000 a month at my job...
What am i up against here? I have an apt and bills to pay, she lives with her parents at 30 yrs old.

[ocean]

What state are you in? Most states have a formula. Mine is 17% for one child of your check...harsh. Some states give you credit for the amount of OVERNIGHTS you have (not days....). If you get 50/50 you may still have to pay some to make the two house equal. Dont give her anything now, it wont count. Put money aside if possible into an account until the state makes you account. The state usually takes the money right from your check and deposits into her account.

[DDS]

What state are you in? Most states have a formula. Mine is 17% for one child of your check...harsh. Some states give you credit for the amount of OVERNIGHTS you have (not days....). If you get 50/50 you may still have to pay some to make the two house equal. Dont give her anything now, it wont count. Put money aside if possible into an account until the state makes you account. The state usually takes the money right from your check and deposits into her account.

I'm in IL.
So if she ends up making 53k and i'm making 35k, i'm still responsible for paying her money?

[ShellyD]

I started a custody thread on the other forum, and now i need to question Child support. She started threatening me with child support.
Here's my questions.
1) She's out of work now, but when she returns, she will probably make more than i do. Do i owe her anything?
2) If i am able to get 50/50 or full custody (i'm going for 50/50) do i owe her anything?
3) she is a leech of the govt. She makes $1600 in unemployment a month, and i make roughly 2000 a month at my job...
What am i up against here? I have an apt and bills to pay, she lives with her parents at 30 yrs old.

Unfortunately, it sounds like you have the wrong mindset about child support. You do not owe "her" anything. You owe your child. It is your responsibility to contribute to the well-fare of that child as if you and the mother were still living together. Go to the IL state child support calculator and put in the figures for your & her income and see where you stand. Do a model for both her regular income and her unemployment income. But if you end up in front of the judge while she is still on unemployment, request that her regular income is imputed. It would help to be able to prove what her regular income is, though. You may have to subpoena income records from former employers.

Also, don't mistake custody with child support. Usually custody simply means who has say-so over matters concerning the child. For example, w/ 50/50, you and the other parent are able to cooperate in matters such as medical care and education. In full custody, one person has complete control in those matters. Often, 50/50 has absolutely nothing to do with where the child sleeps at night. But in both cases, both parents have the obligation to contribute financially to the upbringing of the child.

BTW, I'm NOT a lawyer.

[ShellyD]

After a quick check, IL is a percentage state, not a shared-income state. Looks like your in for 20% of your net income if she retains primary placement. For example, if you Gross $2000, but take home $1500, your cs would be $300.

[DDS]

I think i understand it. It's not based on how much she is making, rather they just assume I put in 20% of my check towards my son, correct?
FOr example, even if she made 130K a year, i'm still in for 20%

[Davy]

Yes.  Everything you said is true except your use of the word "assume" is incorrect.  The state of ILLINOIS will garnish (remove from) 20% of your net income for Child Support and send the money to the child's mother. 

I THINK the way the system works is the percentage increases for multiple children up to a maximum of 25 % (?).  You have no choices or decisions to make.  If you get a raise or get a second job then 20% will be taken from any net income.  Once the court sets the Child Support obligation ( $$ amount ) based on your income either initially or by modification then you WILL pay.  If you are layed off your job or terminated from your job you MUST STILL PAY the CHILD SUPPORT OBLIGATION.   Also, in cases where the mother and father are married, the married father is obligated to pay child support unless he can prove (usually thru DNA testing) he is not the father. Another thing, if you get married, the income of your new spouse may also be included in calculating child support obligation.  There may be other issues I am not familiar with and some of what I posted may be in error.  A call to your local CS Office should resolve / verify any questions you may have.  Also, there is no connection between paying CS and access to the children.  Separate issues.

I said "I THINK" because CS was never an issue.  Like MOST fathers I supported my children like I had all their lives and then HOPED the money would be used for the benefit of the kids.  There is no ACCOUNTABILITY that the parent receiving the CS is actually using  the money for the kids.  The lack of accountability turns the feel good obligation into an AWARD for the receiver which sometimes brings on anger.

IMHO, fathers should never let any anger seep into their mind set.   Just be healthy, focus on your child, pay CS, while acknowledging the child needs both parents but protect the child in all ways.  Moreover, consider yourself as the primary care giver not the government's chosen one. 

Hope this helps.   

[ocean]

Davy is right but once the 20% amount is set into a number (say $300 a month) then that is what they take out. If you get a second job after the set amount, that is okay. The mother can ALWAYS take you back for more and recalculate but she would have to prove a reason why she needs more after the original amount is ordered. If you lost your job, yes you would still have to pay but you can file in court right away and show you lost job, some judges will reduce the amount until you find a new job. The courts usually ask for recent pay stubs and last years taxes to prove amount. If you can get extra parenting nights, some judges will credit you for taking child more, also if you have to pay for travel to see child you may get a small credit. Most judges will rely on the formula unless you give them evidence of why you should get a credit.

Ask that if you child support is current you get to claim child every other odd or even year. You can get some of the money back that way.

[Kitty C.]

'Ask that if you child support is current you get to claim child every other odd or even year. You can get some of the money back that way.'

Ask to claim child on your taxes EVERY year if you're current on CS.  ALWAYS ask for more than you want, because it is rare that you will get exactly what you ask for.  ALWAYS pay CS through garnishment, as tthat is the only way you will have proof that it is paid and up to date.

Years ago when DH wrote a check for CS directly to the county, he got behind because of a lay-off.  BM got pissy about it, filed to have it enforced, and it was transferred to CSRU (Child Support Recovery Unit, IA).  We got it caught up and then they set up the garnishment.  At the end of that same year, BM complained that CS wasn't current....even with garnishment!  The problem was, there was lag time between when they got the money from DH's employer and gave it to BM and apparently she received it after Jan. 1st.  Now, DH is allowed to claim SS EVERY year on taxes as long as he's current.

We knew he was current, CSRU knew he was current, but BM refused to listen.  But I had filed our taxes anyway (in Feb.) and claimed SS.  It wasn't until almost May (and after getting a notarized letter from CSRU stating DH was current as of Dec. 31st) that she finally conceded and I told DH that I bet she claimed SS on her taxes, too.

Sure enough, that next Christmas we received a letter from the IRS stating that a SSN had been used on two different returns (of course it was SS's) and if we had filed in error, we were to fill out the enclosed form and send it back to them.  BUT....if we had filed correctly, we were to ignore the letter, which we did.  After talked on the phone to an actual human from the IRS, the quote I received from her was 'He who files first, gets'...meaning any subsequent return filed with a similar SSN will be closely scrutinized and any refund expected from that return will be held in limbo until the issue is resolved.

[DDS]

Good replies all. I'm going to be trying to get 50/50 visitation so hopefully that will help ease some of the burden... I'm doing my best to keep this out of the courts, but shes a little nutty, so we'll see.

[Kitty C.]

If she's 'a little nutty', then you don't want to NOT keep it out of the courts!  Trust me, it will be dicey at best that she will follow the CO once you have it established, so I highly doubt she would agree to anything and follow it without one.  Besides, with a CO if she refuses to follow it, you at least have recourse in filing for contempt.