Oh, I should have added, our total monthly income is 4379, of which he makes 2905, I make the other 1474, I have my son for 130 days, he has him for the other 235.
When I run the child support calculator on this site it says that according to the figures you have below that you should not be paying anything and your husband would pay you $23 so I am not sure why you have been ordered to pay so much of your income. Does he pay for child care costs? Medical dental insurance for the child? All of this would affect the child support amounts but I factored in day care costs of $250 per month and medical insurance of $100 per month and it still only shows you owing $75. I would talk to the child support offices in your county immediately. Go to the calculator on this site and fill it out and print it out and take them all of your documents pertaining to custody, his income etc.
Oh, I just found out that he also lied about his pay in court. He is military, and prior to our court date he had picked up his new rank…he is now making about $3241 a month, his insurance expense is $10.51 a month. I am literally sick to my stomach over this, and I can’t do anything because he took all of our money when he was in Iraq about 2 years ago to get his lawyers.
As far as him lying about his income, all you have to do is get a print out of the pay chart for military. Recruiters usually can get this info for you and I’m sure it’s on the internet. Submit a copy of that with your paperwork also. For some reason, the courts do not make any effort to verify facts submitted as evidence in domestic matters. Remember when you calculate out your support, they can only take 60% of your income under federal law.
get your facts together, his pay, how much he pays for insurance, how much he pays for child care, your check stubs - plug all of this into the child support calculator on this website and take it to the child support offices right away. Remember, the system moves slowly and until the order is changed it will be your responsibility to pay and if you don’t they will come after you.You may end up getting money back but it can take months.
[i]Originally posted by usmcprincess[/i] [br]Oh, I just found out that he also lied about his pay in court. He is military, and prior to our court date he had picked up his new rank....he is now making about $3241 a month, his insurance expense is $10.51 a month. I am literally sick to my stomach over this, and I can't do anything because he took all of our money when he was in Iraq about 2 years ago to get his lawyers.
I was just jumping in here to tell you I know exactly how you feel! Happened to me, too. Only one other thing…the separation/divorce papers stated that neither party will pay child support to the other party. BUT…almost 3 yrs later he took me to court with his (in my opinion) crooked attny and stated that since the document didn’t state he “refused future right to child support” he was allowed to get it. I made about $1200 after taxes (7 yrs ago) and they still ordered me to pay over $500 a mth. I should be happy they changed from their original request of $970 a mth! Yes, they did use that “calculator” method. How in the world it showed I “owed” is beyond me. Oh, one more thing…he also lied about his other “business” he has - DID NOT mention he made thousands from it…which was 90% paid to him in cash. So, I will pray for you! Fight back for what is right.
Greetings. Yes, child support is based on the actual number of nights. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
In our custody battle, my ex husband got primary custody. However, I have my son 130 days (overnights) out of the year. His lawyer filed for the child support, and from what it looks like on the worksheet she submitted, it is filed for him having sole custody. I understand that there is a difference between legal and physical custody, but I thought that the amount of child support is based off the actual number of nights that each parent has the child, not on the legal custody? The amount of child support he is requesting, I can not even come close to paying. I only make a little over a thousand a month after taxes and my insurance, and he wants $330 of it, which leaves me with about 700 dollars, when I already have a 350 a month car payment, not to mention gas, groceries, etc…How am I supposed to get this changed? I can not afford a lawyer and I am at my wits end about what to do with this. I have no problem paying him what he is entitled, but he is only paying 222 a month for day care…it doesn’t seem fair to me. What is the proper procedure to get this looked at? I just don’t want to go to jail, but there is no way I can pay that much money!!