Unemployed NCP

[Swilliams]

I am recently unemployed and unable to collect unemployment benefits for the time being due to other reasons. I filed for a CS mod but the court date is set for a few months later. I can't afford to wait that long, I have no income for the time being and basically have no means to pay CS. So my question is what is considered the min. amount of CS to pay per child while you have no income and you are waiting to be heard in family court? I would like to try to send something regularly to avoid contempt charges. Thanks.

[ocean]

Here, even with no income it is $25 a month. Whatever you can afford each month, send it and it will be taken off the arrears. You will be in contempt anyway but you filed paperwork and have a court date so that will not really change things. Once you are over a month in arrears, you will get letters from child support threatening you tax refund and driver's license. You should get into court before any of that happens (hopefully).

When you get to court they "should" back date what you owe from the date you FILED. Make sure that is in the order and you can say you had no income but borrowed and did odd jobs for family to send in XX month so the kids would have something.

You have to prove that you are looking for a job and not getting anywhere. List the places you sent resumes with dates, List who you called and when. List any job interviews. Bring the current newspaper and show there are not jobs in your current area. Ask to watch kids instead of daycare/after school care to save money too if they go.

[Swilliams]

Thanks and I appreciate your advice. Does it matter if I pay it weekly or monthly while unemployed? Reason I ask is because it used to be automatically deducted from my paycheck every week. Secondly, does the min. amount of CS double for 2 children?

[ocean]

Here, no it does not double. You have to be careful on how much you send because the judge may ask how you got that money to send. You can send it once a month, beginning of each month and say you tried to send something each month. If you come in to money or an odd job you can send a little more. Plus it will save on writing one check and one stamp to send it in.
Some states do order zero child support too...so it depends on the state/judge.

[Swilliams]

Thanks again! Just one more thing. When the NCP is remarried, does this change everything? Do they consider the new spouse's income as well? Her income doesn't amount to a lot but it has everyone extremely concerned.

[ocean]

Nope, and I have whited out my info when my husband went to court and we whited out the total so they did not know how much we made. Most times the courts look at the last paystub but ask for last years taxes. If you have a letter that you were laid off or something like that to prove you did not just quit.

If your court date is after Jan 1, you can file your taxes separate and take those to court. File right away online. Then you can amend it later...

[Swilliams]

Wonderful idea! I feel better about some things now.

I just have one more problem now that you mentioned something about having a layoff paper. I never got one. It was done verbally and I was sent home that day. I had no idea I was supposed to get a layoff paper but I did manage to get a voice recording of the entire layoff conversation. I had kept in daily contact with the workplace during the layoff and was told not to come in to work because I would just be sent back home. Later I was blindsided when the owner changed his story into firing me for not showing up for work. I did keep a log of the events so I guess I have to see what happens next on that front.