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Well HE certainly knows what is going to happen,he's been thru this 2 times already!!! They are going to order child support against him. If he can't afford a paternity test they aren't going to care & assume the child is his. So unless he wants to potentially support another mans child for the next 18 years he needs to find a way to pay for it (if it turns out not to be his, it's likely she'll have to pay for it!). Under Federal Garnishment laws they can only take 50% (55 if in arrears) if married...HOWEVER this does not stop the judge from ordering more & making him responsible for it...this is why he needs a good lawyer. It is possible that because he is already paying 50% that she won't get anything but this isn't something I suggest doing alone.
I don't know what else to tell you here,. Maybe he can pick up a side job or sell some stuff on e-bay....loans from family? Friends?
What state are you in now? This could make a difference in the support amount & of course the duration. CA might seem like a bad jurisdiction to submit to but support is only paid until 18 or 19 if still in HS and no stipulation for college support. Other states you can pay till way past 18 & almost until they start to collect social security.
KAT

Oh yeah! See they get federal dollars for the collection of child support. Most states are now requiring wage garnishment anyway. It's just another way to keep those paying involuntary servitude in line! Listen, it sounds worse then it is. At least this way if the cp's checks are late...oh well, call cse cause it's not my problem!!!! CP can't say that the checks were late, not sent, wrong amount, yadda,  yadda.  Plus if you don't see the money....well, you know what I mean.
What is your son going to do about the wrong amount?
KAT
PS; Want to know something that really cracks me up? It looks like FL is finally getting a  paternity fraud law...BUT in order to file for court ordered DNA testing if you suspect you've been frauded you have to be up to date on your child support............? HUH? Like your ever going to see that back....I just, I just...bang my head against the wall.

PS;
  Your wife can always contact her ex & work out a settlement agreement that is comfortable for the both of them. It will need to notorized by both & then submitted to the courts for the judges signature in order to become a court order. Yes, if he agrees, it really is that simple. It saves money and time for everyone.

KAT

My questions are:

Should we continue with Child Support Services or just get an attorney?

Your WIFE will get what she pays for....CSE is free, so nuff said.

Will Child Support Services represent us in court or do they just do the paperwork?

Your WIFE will be represented.

Will Child Support Services act on our behalf should the father want custody? (We would agree but only under court appointed supervision and other issues would need to be worked out)

NO, they only represent your WIFE for the bucks that is all. A custody battle will cost your WIFE tens of thousands of dollars. Probably a retainer of 5k just to start. Doesn't matter what your WIFE agrees to or not, both the biological parents will be at the mercy of the judge who each have their own individual agendas. The court isn't going to award supervised visitation without clear & convincing evidence that man is a danger to his child(ren). Frankly your wife wouldn't be the first person to file for more money then get hit with a long, drawn out and highly emotional custody battle. So get 30 bucks a week, potentially spend 30k...sometimes it's best to just let sleeping dog lie. Trust me, I went 13 years a 18.00 a week for a reason.


What are the odds our support will go down even though his salary has gone up?

Don't know, has your wife's salary gone up? CA uses a digomaster or something like that. Plug in the numbers. Just in case you will ask this question: YES, it is highly likely your wifes income will be imputed to what she could be making if she was working a full 40 hour week in her current field of employment & according to her education level.

Is my salary included in determining support amounts?


Only in rare cases. In most of those rare cases the spouse is a multi-millionaire...don't think you'd be here if you were that lucky unless you were really, really cheap!!

KAT

It depends what your orders say. If cs is until 18 then I wouldn't send anymore checks. You shouldn't need another court order just to validate an existing one. If cs continues longer then immediately file for change in custody & cs from biomom (request modification back to date of filing important!) If there are other children on the cs order the you'll need to file for a modification unless (again) your orders state otherwise.
Happy Days!!! :)
Are you done with involuntary servitude then?

KAT

ONLY 157 more days to go!!! YIPPEEEE!!! I'm getting a new Jeep (other one is a 92 with 175k on her). Putting up a 2 story garage for DH, enclosed trailer for the back of the Jeep (gotta haul wood!) getting a face lift (man, what only 5 years of stress can do to a lady!!).

Know what really tanks my token here? She told her husband (idiot took her back after kicking her out) that Mr. KAT stopped support last year when (former) SD turned 18 & because SS wasn't in HS anymore (oh, wait, we never MADE IT to high school). She didn't pay the bills, not sure what she did with all that money.....but he believed her, he still does. I guess wayward SS was causing problems in their marriage so she shipped him off to OH to be with her mother. So she's getting all that support money for NOTHING. Guess I'm kinda wondering if she isn't paying the bills now what is she going to do in 5 or so months when she NO INCOME (doesn't work, never has). How ya' gonna pay for the drugs??

Yup, it's grand!!!!!! The sun is starting to come out!!!  I half expect her to show up here demanding something once she finds out her checks aren't flowing anymore. Just watch, I bet she does..Mr. KAT says No, but I haven't been wrong YET!!! I've already sent a copy of SS school records to CSE so she can't say he's back in school. CSE was nice about it....."I am sending her a letter stating that child support stops 7/05". DOOOH!! *snicker*

Let the party begin!!!!

:) :) :)

KAT

http://www.fathersforlife.org/famlaw/laird.htm

I'll see if I can find other case law when I get some free time.

KAT

Yes you can. I realzie Lawmoe said not likely but I KNOW differently. There was a pretty good case in Illinois not too long ago..Laird I think the name was....Anyway, if more people would sue them more often for their mistakes it would likely prevent them from happening (as often).

What state are you in?

KAT

Mr. KAT sent notice to VA CSE with a letter from the school showing that ss dropped out in the 8th grade (yes, the 8th grade, so did his sister). They were actually great! Case worker said  thanks for letting her know & she was closing the case as of 9/05. In addition she was sending bio notice that cs was being terminated on that date. I know if we left it up to bio she'd call up & say he was still in HS in order to collect for another year.

Cheers!

KAT

You can use the freebie CSE then see what it gets you or you can spend the money to file yourself with/without a lawyer to find out...it's up to you.
KAT