Child Support

[jzurinsky]

Went to FOC child support meeting and they want to base my child support on a 40 hr week when I only work 10-15 hrs. I am temp disabled and my job required me to lift 200 - 300 lbs chains and with my left arm partially paralyzed I can not do this. My employer had put me on temp driving duty and this only requires me to work min. hours. I live alone and my parents help me with my bills. My X lives with her parents. The FOC says since my parents help me with my bills they need to treat it like I work 40 hrs. I will also be providing medical insurance for our son effective July 1. This will not only devastate me even more financially but also my parents. I do provide for him when I have parenting time with him. X provides nothing. We are currently under temp parenting time.I do want to provide our son with everything he needs but I will continually be in arears if this happens. What can I do to show them this? Help!

[Kitty C.]

Then, in essence, they would be getting at least part of the CS from your parents....in theory.  Which is illegal.  If you have an atty., let them know what the FOC is trying to do and why.  If you don't have an atty., tell them if they think your parents are helping with support, the FOC can bring a petition for CS specifically against your parents for part of it.  It should make them think twice.

One other thing you might consider, if you haven't already, is get a written statement from your employer regarding your limitations ans current hours you are working.  Keep in mind that this action might require your employer to testify in person to those facts.

[jzurinsky]

I have spoke to my attorney on this we are just waiting for the official paper work. I will mention to him about the petition against my parents and see what he says. Obviously my parents aren't thrilled with this. This is been a nightmare for them. I had to file to even see my son and it has been one headache after another. But my son having his father in his life is worth it. I appreciate the advice. Thank you.