can child support be denied

[wendl]

Welcome to the wonderful life of being a ncp.

On that note, when was your last cs order done, was it based when you made more $ and did you show proof of what you make??

If you income has reduced since you last cs order, then file a modification in court or go find a cs calculator to see if based on  your income it would reduce.

Also even if you cannot afford the entire cs amount each month and if they are not garnishing your check, try to pay what you can, many ncp can't afford their current support order and they attempt to pay what they can, others live off of mac and cheese in order to pay support.

It sucks how they determine how much you need to pay for support, many here are in the same situation.

[Kitty C.]

Maybe the reason why I can't take you seriously is because this same story has been told too many times to count by other NCP's........mainly FATHERS.

MB gave good advice.....get on your system and crunch the numbers.  So you're working 2 jobs.........that's common for NCP's.  DH does it as well.  He works for a railroad and is gone ALL week, just to come home and work practically all weekend at a friend's shop.  The last time we went ANYWHERE was our 5 day camping vacation back in July......before that, I can't remember.

DH had to give up or sell many things when he got divorced.  Including a classic muscle car that would be worth $70-80,000 today.   I have yet to hear of an NCP that doesn't have to.  What I'm saying is that your story is NOT so different from many others.  But they pay because they know it's their financial RESPONSIBILITY.  And it's yours, too.

[POC]

Please show evidence that child support is based more upon the needs of children than it is upon expenditures for parents.

Parents pay child support to keep from going to jail. It is not because that money could not be better spent to provide for the needs of their children while they are in their care. Child support leaves kids to go naked, hungry and homeless if they are to spend time with NCP's.

[Peanutsdad]

Ive been the NCP AND now the CP.


I find it truly amusing that I was immediately threatened with consequences if I didnt pony up. I was never late and paid my cs on time, despite what it did to me and my family financially.

My ex on the other hand, has never paid despite a co to pay. She's still running around free as a lark... hmmmm.


As for the original poster, you DO have my sympathy. However, you recieved,, now you pay. Sorry,, that's the current system, and the system you were ok with til you had to pay.

Perhaps you may find time to help legislators see that it needs to change, because, under the current system, you have no choice.

[LESLIEONE1]

Its not a matter of wanting to pay or not wanting to pay, its a matter of being financially able to pay.  I already work a full time and part time job. In NC the guidelines are different I coud have to pay him up to $400 per month, based on his income of over $100.000 per year and mine under $30,000. I have already increased my hours on my second job and will have to sell my house and move into an apt. So don't get me confused with a "Dead beat parent". As far as "you received" as you put it, I received nothing but had everything taken away most importantly the time with my children.

[jilly]

Direct Quote from YOU.

"Can you go to court to fight having to pay support? I will have to sell my home just to justify not receiving child support from father..."

So don't tell me it's not a matter or wanting to pay or not wanting to pay. Go sell that bullsh** somewhere else. It was all hunky dory when you were receiving child support. Now that you have to pay it you're crying "Oh woe is me! I don't make enough money to pay child support so I shouldn't have to pay it!"  Well guess what...there are alot of non-custodial fathers out there who don't make enough money to pay the exorbitant amount of child support that is ordered and THEY still have to pay it. And I can assure you, if you were a non-custodial father and posted about getting out of paying child support you'd still get ripped a new one.
I'm in NC as well so I know what the guidelines are and they suck. Maybe you should go for that 3rd job.

[LESLIEONE1]

maybe you should get a life!

[MixedBag]

O.K., let me try one more time....to calm this thread down and I think maybe I can explain...

When you titled your thread and used the word "DENY" -- that hits a nerve with folks, period.  I'm gonna bet and say that you didn't toally mean it that way.

When you complain about the stuff that you did, that's quite normal too for any NCP....only you're a mom, and most folks here are either dads or SM's trying to help Dads who have been hit unfairly by the system.

I'm picking up that you understand that you have an obligation to support your two boys.  HOW their dad got custody still sits badly with you (and I think that most people would agree with that)....but that you have an obligation you understand.

You also feel that your obligation is set too high for you -- and I suggested that you crunch some numbers on the on-line calculators to see where you stand.  

Will NC use your second job in the formula?  Or will they stick to your first 40hr/week job?  You gotta do that research yourself.

Then come back and post the results....

Could it be that once the boys decided to go to dad's, that you have to plain adjust your overall budget and this is the major 'cause of what's going on?

For example, DH pays $500/month in CS for his son.  If he (or I should say WHEN) gets custody, Mom will have to pay $500 per month.  (I know that for a fact from previous orders where the CS was "offset" for two children as being equal).  So in reality that's a $1000 per month swing to the CP.....and "custody of the child" becomes equated to $1000/month.  If BM has to suck up that shift in income, surely that's gonna make her think twice about her financial situation.  That's a lot of money!  (at least in our book).

Is that what happened to you?  You based your life on having that CS as income and now that income is gone and you have to pay?

[jilly]

Self-Support Reserve; Obligors With Low Incomes

The Guidelines include a self-support reserve that ensures that obligors have sufficient income to maintain a minimum standard of living based on the 2002 federal poverty level for one person ($738.00 net per month). For obligors with an adjusted gross income of less than $800, the Guidelines require, absent a deviation, the establishment of a minimum support order ($50). For obligors with adjusted gross incomes above $800, the Schedule of Basic Support Obligations incorporates a further adjustment to maintain the self-support reserve for the obligor.

If the obligor's adjusted gross income falls within the shaded area of the Schedule and Worksheet A is used, the basic child support obligation and the obligor's total child support obligation are computed using only the obligor's income. In these cases, childcare and health insurance premiums should not be used to calculate the child support obligation.  However, payment of these costs by either parent may be a basis for deviation.  This approach prevents disproportionate increases in the child support obligation with moderate increases in income and protects the integrity of the self-support reserve.  In all other cases, the basic child support obligation is computed using the combined adjusted gross incomes of both parents.

Determination of Support In Cases Involving High Combined Incomes

In cases in which the parents' combined adjusted gross income is more than $20,000 per month ($240,000 per year), the supporting parent's basic child support obligation cannot be determined by using the child support schedule.

In cases in which the parents' combined income is above $20,000 per month, the court should, on a case by case basis, consider the reasonable needs of the children and the relative ability of each parent to provide support.  The schedule of basic child support may be of assistance to the court in determining a minimal level of child support.

[momof2]

Leslie,

It sounds as if while you were receiving child support from your EX, when you were the CP, you bought a house that you could only pay the mortgage because of the amount of child support you were receiving.  Unfortunately you have learned a tough lesson, never base your mortgage or other large living expenses on the assumption of receiving child support, because as you have found out, that can quickly change.

It stands to reason that if you were living in a home that you were only able to afford due to receiving child support, that you will now have to sell that home, due to no longer receiving child support.  

Your the NCP now, and regardless of what the CP's income is, you still have an obligation to contribute to the financial support of your children.  Your child support should take into consideration that you make $30k or less a year, and yes, you may have to adjust your lifestyle to accomodate that.  NCP's live with that every day.

My advice is to sell that home ASAP, find a less expensive place to live, and learn to live on what is left of your income after you pay child support.  

Good luck!