Child support hearing in the morning


#1

My wife is seeking child support. Case was filed via DSS. We are working under worksheet B (shared custody). My concerns are these:
Im a real estate broker but have not received a commission in the last six months! My reserves have run out. Bills are gaining. I’m at risk of having my vehicle repo’d. I am looking for a job now but have not secured one. I am not expecting any commissions from pending contracts for at least 60+days. I have been borrowing funds from relatives for the last couple of months to stay operating until something comes to fruition. I can borrow no more. The DSS rep tells me that they plan to seek child support based upon minimum wage status due to my lack of income. It equates to approx $200/mth. Not a large sum however, given my dire circumstances at the moment its more than I can afford until I have a job. I am not being represented by an attorney at the hearing. I have, however, organized my receipted expenditures, monthly living expenses, debt owed to relatives…etc, so that if I have an opportunity to illustrate to the court my situation, I’m ready. In place of providing monthly child support, I purchased a vehicle (from a relative) for my wife and kids. I am paying on this vehicle for the next 16 months, small flexible payments…Will this purchase on her behalf have any consideration? Will the court enforce the payment to child support while I’m not receiving any income? If so, and I cannot pay, what happens? I understand that there is of risk of imprisonment and fine? How immediate is that risk? Thanks for any advise!


#2

Child support is determined by income, not expenses, and the car will be considered a voluntary agreement on your part. The court may enforce an order of support based on imputed income, but should only do so if you are acting in bad faith by not attempting to secure employment.
If support is ordered and you don’t pay they can file a motion for contempt, you can be imprisoned only if the court finds you are willfully and intentionally not abiding by an order.