Messages

Imputing Income
The act of awarding potential income to individuals not employed or voluntarily underemployed; the CSEA or court may project utilizing the child support guidelines, an income base for purposes of establishing a support obligation.

Your spouse could make the same claim that he also feels he should be in the home raising his children.  She has a financial responsiblity to her children just as much as he does.  If she were to get divorced or her husband died and she had no income, she would probably be getting a job doing what she knows how to do to support the children.

I would find any State Statute I could find regarding potential income.

Child Support should calculate her income as "potential income" based on her previous work.  At the very least they should calculate it at minimim wage.  Most states will not look at spouses income as they are not financially responsible for children that are not theirs.

I would file an answer with the courts once you are served with the complaint.  You have every right to have your side of the story heard.

If you have custody in your order I would file contempt against the mother for not letting you see the children.  

If the NCP goes on disability it can effect child support because he/she will no longer have a reasonable income.  You can apply for benefits through Social Security.  If the child receives social security benefits on the NCP's behalf that will go towards the child support.  If the amount exceeds what is due to you in support the child support will probably stop accruing.  Check with child support in your area.  Also, if the NCP receives SSI the state cannot enforce or issue a wage withholding against that as it is not based on income.  It is a grant throught the Government.  If the NCP is receiving SSD, the state shoud be able to issue a withholding order to collect arrears and or what is still owed for the current support obligation.

Child Support needs income information so they can determine what his portion of support should be.  Child support should be able to base his income on minimum wage or potential income based on what line of work he has done in the past or what his wages have been.  Of course they often need proof of prior income.  The state can also figure percentage of time.  Some states do not address visitation or custody issues.  If there is already an order in place, they may keep what ever the order states.

You should not let your fear stop you from taking care of your children.  He is probably using that fear to control you..and it appears to be working.  He has a responsibility to his children just as much as you do.  

I am also confused about the witholding order being reduced.  The withholding order is not a court order, it is only a withholding order for the employer so they have guidlines on the garnishment.  The current order is still valid until a new order modifies it or changes it.

If you are concerned about the child support decreasing then make sure you got to court.  You can also request that medical be included in the monthly child support or be a set amount that he is ordered to pay each month for medical.  Most states will not pursue percentages for medical/daycare costs because they do not have the time nor the man power to take this action.  Most states can only enforce a judgment you obtain through the courts.

Child Support is required by Federal Law to hold your Federal Tax Refund for 6 months.  They are required to do this in case you file an injured spouse claim with the IRS.  If have not done that already, you may want to do that.  Assuming it was the Federal Taxes that was taken.  

If you are concerned that your child support will be overpaid, contact your caseworker to verify that the only money that will post to the case is what is owed and the remaining will be send back to you.  They should have a way of setting their system so the money does not automatically post to the CP's debt.  If the taxes are in holding then those monies will not be applied to any debt until the timeframe has expired.  If there are arrears still owed to the CP Child Support will not amend the withholding order until the arrears are paid in full.  If Child Support amends the withholding order before the arrears are current, they face Federal fines which will be paid by tax payers.

I hope this helps in understanding the taxes.