Messages

>If I am going to have a baby and would like to stay home and
>breast feed and care for the infant, can a modification be
>granted for me not to pay child support during that time
>period?  In other words, can I be forced to work and pay child
>support when I am caring for a baby?

You can't be forced to work.  But you will still be responsible for child support.  Just because you had another baby doesn't mean that you get out of supporting your previous child(ren).  

I would send your portion and let them know where to go for the other portion.  

If they say anything about it, just tell them to discuss it with the child's mother.  She is responsible for half the bill.  You paid your half.

>The current order stipulates that we rotate claiming the
>children on our taxes.  I've petitioned for a custody change.
>If I'm successful, can I ask for the order to be revised so
>that she cannot claim the children unless she provides more
>than 50% of the support for them?  
>
>What if I'm not successful?  Can I still get that part
>modified?  She has no income, so I'm basically providing all
>of the children's support.  I don't think it's fair that she
>be able to claim them when she's not paying for them or paying
>any taxes - I'm paying all the taxes on the money she gets.
>
>Any thoughts?

You requiring her to provide more than 50% of the support to get the exemption is not going to fly, the judge will probably order (if he changes custody that is) that the exemption remains the same as it is now.  But you can get a judge to sign off on tieing it into her being current with child support.  

>Your state should have an online calculator regarding CS.  I
>would crunch in the numbers and see what it comes up with.
>Fair is fair..and even if you dont need the money, you could
>put it into an account for your daughter's college.  You never
>know what the future will bring.
>
>Frankly, as long as you know where she works, you could not
>only have her served, but have her employer served to provide
>proof of income..and bypass your attorney.    Best wishes...


A word of caution about the online calculators, they aren't accurate.  It stated that my ex was due to pay $500 more a month than what the courts came up with.  I would check with an attorney, they should have the program that the courts actually use.

>Im in IL ex is in FL-  
>
>child support for ME when ex had custody was set at 301
>bimonthly at me making approx. 25,000 gross per year.
>
>NOw that I have custody ex makes 24000 a year and pays 0.  
>
>So right now I've had custody for almost 7 months.  Right now
>my daughter is visiting her grandparents and MAYBE mom for the
>summer 2.5 months.  When I didn't have custody the visitation
>was reversed and I had my daughter the entire summer.  Child
>support FINALLY stopped being taken out of my check on JUNE 1.
> So my ex got child support when custody was mine from jan 1-
>june 1 totalling approx. 1500 dollars.  not a lot, but still.
>She was supposed to send back any checks received from the
>state depos.  YEah right that never happened.
>
>When I first filed for divorce 6 years ago.  I also filed for
>child support (for my ex).  It was set.  Ex was mad that it
>was only 140 a month.  But I worked at walmart and only mad 9
>per hour and worked 25-32 hours a week.  When I lost the first
>custody fight shortly after I went into walmart management and
>made approx. 32000 a year.  Ex went immed. for a child support
>mod and it was based on a year starting fromt he date filed so
>child support was set at 301 per month for 25000 a year.  
>
>During this time I lived in a 300 square feet eff. apartment
>with my new wife paying only 250 per month in rent.  When my
>daughter came to stay with me and my wife got pregnant I
>upgraded into a modest home 860 sqare feet with mortage
>payment of 500.  It was diff. to pay all bills with child
>support but I budgeted around it.
>
>NOw that I have custody.  Ex has not sent ANY money and child
>support was set at 0 because she had no job.  Well she got a
>job about 3 months ago and makes 25,000 a year, but my lawyer
>doesn't want to go after child support because :
>
>1.  ex got evicted for not paying rent (her name is not on
>lease only her husband) and she's living from hotel to hotel
>and at her sisters.
>
>2.  it will make me look bad taking money from her
>
>3.  She's on medicaid
>
>4.  she has an infant son.
>
>5.  She's broke
>
>6.  Has no cell phone or any phone because her bill got too
>high and she couldn't pay it.
>
>S0 here's my question.  
>
>1.  Why the double standard?  HELLO I made 25000 lived in a
>300 sqare foot home, had an infant, paid for ALL unpaid
>medical benefits resulting in hospital debts in the 1000s BUT
>was GOOD with my money and budgeted well.
>
>Here she was living in a 1200 dollar a month apartment, spends
>hundreds monthly on manicures and clothes, tans daily, had a
>nose job, basically blows her money having no sense of adult
>responsibility.  Her husband is a pilot making 60000 she makes
>25000 she shouldn't even be getting medicaid, but is.  But
>because she is horrible with money all her own fault she's not
>held responsible for her daughter and shouldn't pay child
>support.  Why?  if it were me they'd nail me to the wall
>milking every dime they could!
>
>

Personally, I would fire the lawyer, get a new one and file for child support.  Your child deserves it.  And if there was a court order that stated that your ex was to give you the checks back, I would pursue that as well.  

>the thousands of dollars was over paid a few years ago when
>they stated he was behind and he wasn't, but it took also six
>months to bring it into court and payments were being made all
>that time.
>
>I just want to know, will she have to make the payment back to
>him knowing she was not suppose to get it. She even called to
>find out if she was suppose to get this payment and DH told
>her no and to send it back. She said it's a gift now.


Don't know.  Did you file to get the overpayment from a few years ago back?  If not, she probably won't have to pay that back.   The courts will view it as a gift.

But if he files to get this overpayment back now, he should be able to get it back.  Since it was automatically taken out of his check, it clearly was not a gift.  

But if he waits a few years, the courts will probably view it as a gift.  So he really needs to file ASAP.

>Hello, I am asking on behalf of my husband. My husband has
>been paying child support on his daughter. It should of ended
>June 1, 2007. The reason for the term. is the fact that she is
>done with school and 18. Plus that is what the court order
>stated. DH has a withholding issue from CSE for the child
>support. In May when my DH went to check on his case with CSE
>and remind them that it ends the beginning of June they
>informed him that he could not discuss anything about his
>case. For he was not intitle to. (My husband always has
>problems with these peopel.) So DH went to his employeer to
>remind them of when to stop taking it out of his check. Well
>guess what is still being taken out of his check?
>
>When DH called CSE then told them that there computer had a
>problem and did not get it out in time. He called them on the
>14th of this month and they re-issued the term. withholding
>the 14th of this month. DH asked CSE about the payment that
>was made since they failed to get the letter out in time, he
>was told it is a gift. How can it be a gift when they failed
>to help him, nor did they sent the term letter to his
>employeer until he called? They were able to get the medical
>support term letter out in time, but not the child support
>letter. Isn't that funny.
>
>How do we get that money back? X wife has received over
>$10,000.00 in over payment for a screw up that CSE has done to
>his case and they consider it all a gift. So DH is not about
>to give her an extra cent. For his daughter does not even get
>the money.
>
>this is in the state of Illinois Mclean county
>
>K. Lessen

His child support should have stopped the beginning of this month.  Unless he is making a huge amount of money and is paying a lot in child support, there is no way that he can have over paid by $10,000 in 3 weeks.   Something isn't adding up.  

>ok guys quickly I have my daughter 10-14 days. I only have
>the standard every other weekend for overnights though. I also
>can claim her every other year on taxes when I am not being
>screwed out of the right by her mom.
>
>I realise that I do not qualify for the joint economic
>responsibility between both parties because of the lack of
>overnights. I currently pay $500/ month when I have her almost
>daily (as stated in the order.)
>I also provide 100% of the transportation and as you can
>imagine provide dinner nightly for the child etc.
>
>I have a wage of $16.17/hr and she was imputed at minimum wage
>which at the time I belive was $5.50/hr
>
>My case is in MIchigan
>
>_________________________________________________________
>
>Now a co-worker of mine who makes $16.17 such as myself and
>has an ex who was imputed at minimum wage, just last week he
>was ordered to pay $85.00/week
>
>NOw something does not seem right here.
>
>
>My questions are..
>
> Would a judge be willing to give me a break on support
>because of all the excess cost that I have in regards to my
>daughter being with me as much as she is? food, Gas etc?
>
>For whatever reason the system does not want me to have joint
>physical custody of the child, even though I do have secondry
>physical custody of the child... (aparently that means nothing
>in legal terms.)
>
>I have downloaded the child support caculator and for the life
>of me I cannot figure out how to use it. If anyone would be
>willing to help me out with it I would greatly appreciate it.
>
>i am somewhat nervous about bring up a reduction because I am
>still somewhat fighting for increased parenting time
>(overnights) and there main defense is I only want to decrease
>my childsupport.
>
>I have also been on the recieving unemployment benefits here
>and there for down weeks (roughly 1-2 weeks per month) at
>work. I also have this issue in the father's issues forum but
>it seems that applying for a change in support there would not
>work because by time I get back to work I'd probally be back
>to work full time in their eyes.
>
>Help!!!

The guy you are talking about probaby gets a credit for overnights.  If you don't have any (and I can't imagine why you wouldn't unless we are talking an infant here) overnights or not as much as the other guy, then that could be the reason.  

Also, his ex may have accepted less than state guidelines for child support.

When you said the mother was screwing you out of claiming your daughter, are you talking about her claiming the child on the years you are supposed to?  If so, file a return claiming your daughter and send a copy of the court order with it.  If you are talking about the mother claiming the child on the years she is supposed to, she isn't screwing you.  She is following the court order.  

As for the unemployment, it depends on the state.  In my state, it wouldn't result in child support being reduced (although I think this would depend on the judge, I am just going by what my attorney told me).  It would just result in less being collected and the rest accruing as arrears.  You wouldn't run the risk of losing your license as long as you are legitimately unemployed.  

>The courts are biased. Women are also assumed to be the "FIT"
>parent in 90% of the divorce cases across our country and this
>isn't an opinion. It's a fact. A dad doesn't have a chance if
>the mother wants custody, the courts give the children to the
>mothers just because.
>
Again, this is just an opinion.  Because I have read differently in cases where custody is in dispute.  

>In my case the mother walked out when our child was 2. Now 8
>1/2 yrs later. I'm trying to get the child support paid and
>now she wants custody.  If i left her alone she would be very
>happy the way things are. but gee ask for child support and
>she wants custody. BS

The fact is that you as the father and the primary caretaker of your child are going to retain custody.  And the mother will be ordered to pay child support.  

Why?  Because a judge isn't going to change the status quo of a child who is thriving.  As you have been told numerous times.

Your fear is coloring your opinion and you are imagining a gender bias where one doesn't exist.  

>Mist
>you apparently don't have a clue. other than your OPINION.
>which is not based on the facts or court reality.
>
>my ex hasn't paid child support in over 4 years and makes
>$87,000 a year, yes she's the "FEMALE".  I've paid over $8000
>to have my case heard in court to order her to pay child
>support and I haven't even had a hearing yet and it's been 8
>months. The judge keeps allowing her atty continuances for
>hearings. If it was a Father that was delq. on chid support in
>approximate amount of $43,200 the dad would be sentenced to
>jail but a 'Mother" is ok with not paying.
>
>based your comments on facts not your opinion.


You may want to revise your "opinion".  I work with a woman whose ex doesn't pay child support at all.  And isn't in jail.  And nothing is being done to collect child support, including the thousands in arrears.  The child in question is 13 years old.  The arrears is greater than the amount that you mentioned above.

The judge may be allowing the continuances, but you can't conclusively state that it is from a gender bias.   That is just your opinion.