Warning if you owe Child support

Discussion in 'Fibromyalgia Main Forum' started by tjhoesch, Mar 26, 2006.

  1. tjhoesch

    tjhoesch New Member

    If you start missing work, apply to get your child support reduced right away. I didn't and boy am I paying--maybe for the rest of my life. It took me 3 yrs. to get diagnosis of FM and Chronic Pain, and another to get approved for SSDI. In Colorado, they charge 12% interest compounded monthly! They also calculate on minimum wage even if you don't earn anything at all! They can also deduct 65% of your SSDI check for back child support. They don't care if you have "0" to live on! The laws are ridiculous! Hope this helps spare someone else the HELL I'm going through. It's like we're being punished for becoming SICK! What is a person suppose to do when they are sick and they want to strip you of what little you have? TJ
  2. jenemc

    jenemc New Member

    in texas they can take up only to half of your disability..worker's comp or any type of income you have coming in...they take half of my husbands for back child support..it depends on how much you are behind in also..and yes the interest is compounded daily...my husbands kids are in their 20s and have kids of their own and their mother stills gets 1/2 of his check and until the ex decides to drop what is owed or he pays in full the back amount it will continue to add up more and more and we will have to pay now until he dies...or she drops..lol..thats a joke..she won't...in 4 yrs interest is over $6000.00...sorry it has happend to you.

  3. elastigirl

    elastigirl New Member

    Child support can be a very touchy issue from both sides. It hurts to pay it; it hurts not to get it.

    I think this warning serves as a good cautionary tale.

    My ex was warned by his lawyer to pay estimated child support even before an order was signed by a judge. Yes, a parent can be in arrearages at the time an order is filed!

    In my state, child support starts the day of phyical separation.

    So if you are a parent anticipating or owing child support, do anything you can to pay it. Don't take it lightly, or it could haunt you for the rest of your life. If the custodial parent must go on public assistance because of poverty, the issue of child support will be taken out of his/her hands. The state will take over and pursue the owing parent.

    I think parents on both sides of the fence often end up in catch-22 situations. We just have to do the best we can to avert these situations before the happen.
  4. jenemc

    jenemc New Member

    they can also red flag your income tax refund and keep it for back child support...I agree with the others..the wife deserved child support but in the case of my hubsnads ex...they had an agreemetn and he was an over land truck driver adn she knew he was out of state and she changed everything and had the child support set high..she used a old tax income statement where he made good money and that is what the judge set the child support by..after he got back and foudn out the divorce was final he found out..tried to get it appealed and use his recent taax income..but was refused....he still paid half of what he made..but it wasn't enough to cover the full amount..so it also depends on the wife./husband who has custody...i never received child support...but i always made it without his help..he didn;t want to pay..oh well..i made due....good luck to the single workign parents i really admire you for it...

  5. tandy

    tandy New Member

    What percent do they take nowdays for support?

    For 2 children in one household,..and one in another. (so 3 kids alltogether)
    I'm getting this info for a friend.

    anyone know?
  6. tandy

    tandy New Member

    I was single Mom at one time so I understand the need for support. But the system 'rapes' some of the fathers out there.
    My nephew is going thru a divorce,does'nt even get to see his kids because the Mom took them out of state.
    He got papers in the mail with support amounts for his children based on his Gross. He is ordered to pay $425.00 per child,per month!!!!!!!!!!!
    Thats 1300 a month!!
    Does'nt leave him enough to even make a morgage or rent payment himself! (on top of other bills)
    Oh well,..
    My guess is 'he needs a lawyer'
    but I'm not so sure anything will help him.?

    Thanks again~
    Makes me wonder how they expect HIM to live or get by?
  7. elastigirl

    elastigirl New Member

    Before your nephew gets a lawyer, you might want to check on your nephew's filing county's child support formulas. (It appears the ex filed in her state? They probably have info online.)

    You see, my ex dragged us through court, draining my savings, putting us both further into debt -- and the result was exactly the same as if we had not had lawyers at all :(. Because they use a formula for child support. And formulas just don't have opinions :(.

    In my ex's county, it ended up being 17% of his income -- just as it said online from the very beginning.

    If your nephew's ex is not working, he will pay a 'full amount.' If she is working, they'll adjust child support down a bit, but probably not by a lot. If she's on public assistance, I would follow the order to the letter until any changes are made. (In my state, they go aggressively after non-paying father's with children on public assistance.)

    A lawyer would probably be a good idea in the case that the ex fudged any numbers, i.e. said she was not working when she was, etc. However, he must bear in mind a lawyer will cost several $Ks.

    If he gets a lawyer, his ex will be forced to get a lawyer, and, as hard as it is for the paying parent to swallow, it's the children who pay, trust me on this one:

    For me, the lawyers cost about $5K. In other words, over 68% of our child's first year of child support. (An outright crime in my book, but ce la vie.)

    The saying goes the only people who win in a divorce (or break-up) are the lawyers. It's true.

    P.S. Child support and visitation are separate issues and one legally does not impact the other. I agree it's unfair he can't see them when he wants, but legally speaking, the issue is completely separate from child support.
    [This Message was Edited on 03/28/2006]
    [This Message was Edited on 03/28/2006]
  8. jake123

    jake123 New Member

    And my husband is a lawyer. I have an exhusband, he has an exwife, we have an exbrother in law and an exson-in-law.
    Every situation is an ordeal. Hy husband has always had the attitude of give a little bit more than you owe, buy all their clothes, pay for the school lunches, really just anything they need. They come to me, their step mother when they are sick. Their mother cannot complain about anything.
    My husband will not represent people who do not pay their child support. It is amazing what people do to not pay child support.
  9. tandy

    tandy New Member

    If it means anything,... She is in the military.
    I don't even think court divorce is being sought yet by either party. She just wants her money right now!
    He was sending her money every 2 weeks.I saw him send it out!! But she was complaining that it was'nt enough.
    I think he was doing 600 a month,...plus he does have family health insurance thru work.
    She bi*ched that she needed more and was allowed more,..and threatened to take it thru courts.
    Well being states apart,..he never went to any court order(never was served one) he just got papers stating the amount due. (starting 4-1-06)
    Shes being a real meanie!!
    and they split because she was found to be cheating with a co-worker.!!
    its a soap opera! :)

    so,...does any of this change things??

    Most times guys are the jack*sses! but in this case I gotta side with my nephew.
    She won't even let the kids say hi on the phone,..
    "NOT untill I get the full amount of my support!!"
    she's a tough one!

    hugs again,
  10. elastigirl

    elastigirl New Member

    If she's in the military, she probably did state her correct income. Maybe she over-estimated his income? Did he send her a copy of his W2 form for last year? He should be able to contact the county based on the info he finds in his documents.

    I know that a separation can be very emotional, but when you go into court regarding child support, they only consider income and children. All of the drama (and pain) around how the separation came to be doesn't matter when it comes to child support.

    One thing he could look into is whether or not her county's child support formulas make adjustments for existing expenses -- for instance, if he has a mortgage, will they adjust the amount down a bit?

    If he wants to make adjustments to child custody, he could consult a lawyer and mention the cirumstances of the break-up. (But unless the children were directly harmed, I doubt it would matter much to a judge -- because it could be another he said/she said situation that judge's hear everyday.) However, it doesn't sound like your nephew is planning to pursue a child visitation adjustment right now.

    Well, I hope the situation gets resolved for him. At least to the point to where he understands what is happening and why, even if there is no reduction in support.

    P.S. to jake -- thanks for reminding us that some lawyers have a heart :)! My second lawyer did -- even though she was a cool professional, she still cared and wasn't afraid to show it.
    [This Message was Edited on 03/29/2006]
  11. CountryRocker

    CountryRocker New Member

    tjhoesch if you had the kids with you, how would you have supported them while trying to get SSDI?
  12. ckzim

    ckzim New Member

    Have you filed an objection? Once you get the order to pay...you then file a objection through the FOC...on that court date...you tell the judge you are disabled, have been disabled...etc..etc..the whole story. Be sure to have all your documentation with you...

    I saw a man in court just a month ago, with a huge debt owing...he explained to the judge what was going on, he was disabled...the judge wiped the record clean.

    His kids were like 21 and 24...and he was still paying the arrears 7 yrs later...
    I do know...as far as house payments etc...the judge looks at the mortgage, how much is it...can you sell it and make money?
    If so...having a house payment doesn't influence the judge...he says...sell it. Same with any vechiles...etc..

    The judge will compare how your living...and how the kids are living...If your paying on a beautiful home or even a home period....and the kids and parent are living in a rented apt...you will have to bascially live at what ever level they are living at...Fair is Fair.

    One parent can't be driving a Caddy...while the parent with the kids taking the public transportation...type thing. Which to me is the right thing to do.

    The important thing is to get in front of that judge.
    With just FOC...calling the shots...your just another case

    Yes a judge usually goes with FOC recommendations...but not always...once he hears the story, and actually SEEs a person not just a pieace of paper that the FOC gave him, it usually makes a difference.

    Hope this helps some...we are going through this ourselves.

  13. Kalla

    Kalla New Member

    I have been ill for 2 years. I have been paying child support, but my ex sued for an incease based on my earnings from 3 years ago. The retroactive increase is supposed to go back years, so I would immediately have arrears.

    I am filing for disability now. My attorney said all the court can do is order me to continue with my disability application for now. I do not know it that is true - I am not exactly impressed with my attorney.
  14. tjhoesch

    tjhoesch New Member

    The same way I supported myself. Food stamps and A.N.D. TJ
  15. tjhoesch

    tjhoesch New Member

    What is FOC? I appealed and got denied. TJ

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