Hello everyone...heres the facts:
I live in NJ...my child has lived with me for the last 3-1/2 years(went for custody and won because she is a loon). We were never married, only had one child together. She was previously married for less than a year and has another child. She recently got remarried(husband is rich and has 2 of his own kids that live with him). She(rarely)sees the child every other weekend, usually less than 48 hours. Since my child has been living with me, she has only paid $40.00/week and pays for nothing else(almost never on time either). I have always taken care of my childs medical benefits. Recently, those benefits increased dramatically. I asked her if she would want to pick up the benefits through her work. She agreed, but now doesnt want to pay child support. Furthermore, she wants to alternate the years we each claim a child on our tax deduction.
My question(s)...any idea what she should be paying, if she should be paying at all? Does it matter if the childs benefits cost nothing or if there is a charge per week for these benefits? Not sure what she makes(guessing around $10 to $15/hour). I make about $35K/year. I pay for everything except benefits. Is this worth going to court to have her pay child support? I think it might be, but I cant stand the courts either.
Any advice or support would be greatly appreciated.
Henry
Henry,
So she is paying essentially 160. a month for one child. That is barely over the amount that would have been set for minimum wage ( somewhere between 115-175 depending on the judge).
While her new husbands income and assets would NOT be factored in, if her income has increased that much, you would likely get an increase .
Downside: If he is able to support her well, there is nothing to keep her from quitting her job and you land right back at minimum wage figures again. At best, you would still get an increase due to the court deciding she is voluntarily underemployed.
At worst, she decides to file for custody, and you get involved in a whole new custody fight. Be prepared for that one.
Good luck. I guess what I am saying here for you,, is yes you can probably get an increase, but you may also stir a sleeping dog who has substantial resources at her beck and call( her new hubby), and could possibly wind up back in court on a custody fight.
She is not paying any support now-stopped paying the $40.00/week in October. She has shown no interest in going for custody, and I dont believe her husband would support her in a custody dispute-its only a matter of either not wanting to give money to me or trying to get the child tax credit for herself.
I truly believe she will always work-he will not support her in that way. Plus(believe it or not), she STILL has her apartment(which I thought she moved out of last September when she moved in with her husband to be), which she stays in when things between her and her now husband arent working out.
LOL, go for it,, and inform CSE thats shes not paying.
I'm not much help, because we have always been forced to go through the courts--almost always because BM files for some reason or another. But, here is my suggestion, if you have not already tried it. Visit your state Child Support Calculator. Enter the numbers you have or guess--maybe even plug in numbers for BM at minimum wage. For our state, the CS calculator includes cost of insurance, child care, etc. Explain to BM the amount the court would require her to pay--including consequences such as wage garnishment, withholding tax return for arrears, etc--and then see if she will agree to a reasonable amount outside of the courts. And then if she agrees, and sticks to the agreement, work something out on the exemption. Remember that the calculation of CS makes the assumption that the CP will claim the child on taxes.....
We never setup any payment plans through the courts when my child came to visit with me. The only thing I had her sign was a document stating she would pay 40.00/week, get drug testing/alcohol testing every 6 months for 2 years(guess what...shes not doing that either).
And if you don't have a court order, do what Oklahoma said and crunch some numbers based on your state's guidelines.
She's required to pay what the judge ordered.
One Child she has to pay 25% and sounds like she owes you alot of ARREARS! Look into colecting it asap,,,Jerry from LIY>
The ONLY way she can claim the child is if she is paying at least 50% of his overall support which she most definitely is NOT. You need to file for CS through NJ child support enforcement. The order will go up and they will garnish her paychecks. The amount based on your figures will be roughly 300-400 per MONTH. Our BM NCP was just like this (also lives in NJ) she underestimated NJ child support enforcement and ended up getting arrested. Since being arrested she has paid on time.
If I were you I would just pay the insurance because the Judge will more than likely deny your request for her to cover it because she makes alot less money then you. Also in NJ your CS order will receive a deduction for the insurance that she pays. You are better off to just keep what is ordered in CS.
If we have to go to court for child support, should I get an attorney, or is it not required?
If you don't know how the family court system works, it would be a no no to go into court without a Lawyer. If its a simple Modification on an increse then you don't need one.
Is it considered a modification/increase even if she isnt paying through the courts(not paying at all)?
Contact New Jersey Child Support Enforcement, they will send you the required paperwork for you to fill out. Read the instructions carefully and serve your EX via certified (green return receipt) mail. After you mail in your paperwork you should call the clerk for a hearing date. Depending on your county (ours was Camden) your case will be heard in two to four weeks.
Simply tell the Judge that as it stands you had an agreement for her to pay $40 per week (outside of court) and she isn't paying so you would like probation to take over the case and garnish her wages based on the state guidelines. Wage garnishment is automatic in NJ, especially for NCP's who have a history of not paying. I would leave out the insurance part and focus on the support itself because like I stated before it will be deducted from the support anyway. This way you have the cash and you don't have to depend on her to insure your child (she will drag her feet I am sure). Your cost of insurance will be part of the initial calculated amount.
I am sure she will have to pay double or even triple the amount she is paying now. (She may receive a credit for her other children). Our BM was paying $50 per week for three kids directly (outside of court) and never paid. Her order went up to $114 per week plus $20 for arrears. She was shocked and totally furious. Be prepared for her to play games with this for a while. If she does, post here and I will tell you how to enforce the order Pro Se without a lawyer if you can't afford one.
OR you can hire a lawyer to enforce the order and file for her to pay your attorney's fees. Try to stick to the facts in your paperwork and focus on your childs interest in being supported ONLY. Judges get annoyed when people get emotional. The fact that she hardly see's the childs means nothing during a child support hearing. You can mention it but don't dwell. You don't want to seem angry or vindictive. t It's all about income and your childs rights.
Let me know what happens
Good Luck