Child Support Doesn't Seem Right

Updated on April 30, 2009
C.P. asks from Boise, ID
18 answers

My ex-boyfriend has only been ordered to pay $70 a month for our 21 month old son. He will have him for 8 overnights a month until he is 3. Then, he will have him for 10 overnights a month. At that time I am to pay him about $160 a month. I really don't think that seems right. Why would I have to pay him if our son still lives with me the majority of the time? I do make more money than him but it still doesn't seem right. Papers have not been signed yet and I feel like my lawyer isn't doing everything he can. Does anyone know what I can do to see if that amount is really correct?

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So What Happened?

Thank you so much for all your responses! Unfortunately, I had already signed away. My lawyer sucked and I have already found another that I will use the next time around. It all calculated with my ex really having to pay me, are you ready...$1.00. Yeah, you read it right but because the mediator calculated wrong and said $70 he had already agreed to it so he didn't change it but it is only for a year. Then, no one pays. Come next year I will be sure to talk to my new lawyer to make some changes. Thanks again!!!

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A.R.

answers from Salt Lake City on

depending on where you live (I know Utah has one) you can find a child support calculator, just plug in the info and it gives you an estimate. Just google child support calculator and the state you live in. Good luck, thats awful, I just went through this all with my ex.

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M.M.

answers from Pocatello on

Take it from someone who has been screwed herself....GET ANOTHER LAWYER! It's easier to do it right the first time than to try and fix it later.

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S.W.

answers from Pocatello on

It doesn't seem right to me, but I'm only going from a paragraph of information and a relationship with a child involved has years of information so I would suggested going online and searching out your state laws and then going back to your lawyer and telling him you want this changed. You pay him big bucks for a reason, you hire him, you can fire him too. Make sure he has your best interests in mind.

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N.W.

answers from Denver on

Go to your local government web site and chance are you can find a "childsupport work sheet" our state has it in excel you plug in the numbers and then it spits out the amount owed and to which party. Best of luck, I'm in the same boat with a 2 yo and a 3yo. Not fun.

N.

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A.S.

answers from Pocatello on

i believe it all depends on who makes the most money...and how many days each person has the child

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K.D.

answers from Colorado Springs on

In Colorado we have a self help website that you can figure child support on an automatic worksheet, and that is actually what they use in court unless you decide otherwise. I would check your state website, http://www.healthandwelfare.idaho.gov/portal/alias__Rainb...
but no....that doesn't sound even close to right!

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T.C.

answers from Denver on

Have you searched the net for a child support worksheet for your state? Make sure it is that actual legal sheet, try looking up the courts and find the self help. Good luck, my x is several thousand behind. thats another fight there

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C.P.

answers from Provo on

The person who has the child receives the child support. Otherwise it would be spousal support. I am in another state but you could probably look up the Office of Recovery Services website for your state and get a chart for the support issues. Sometimes you need to take a more aggressive approach with lawyers.

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A.P.

answers from Denver on

Child support laws varry from state to state. I would contact you state department and they should be able to tell you what the law is. Otherwise I would seek another lawyer's advice. I do know child support is not linked to visitation. You cannot withhold visitation if they do not pay support.

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L.B.

answers from Provo on

Child support depends on your particular state's laws regarding child support and your unique facts.

Typically, the spouses' incomes are added together, a statutory percentage depending on the amount of combined income is taken for the amount of the income that is determined to be child support, and then the contribution amount per spouse is computed based on the proportionate contributions each spouse makes to the combined incomes. Therefore, if each spouse contributes 50% of the combined income, the amount of support imputed to each spouse is 50% of the child support amount. If one spouse contributes 90% and the other 10% to the income, the first spouse would be responsible for 90% of the support amount and the other for 10%.

Once each spouse's base support amount is determined, then time sharing becomes an issue. These computations really do vary from state to state. In some states, the custodial parent is entitled to receive support from the noncustodial parent. Period.

In states that use joint custody or time-sharing programs, however, the amount of support owed by the noncustodial spouse to the custodial spouse will be adjusted by the number of overnight stays the children have with the noncustodial parent. The closer that amount of overnight stays reaches 50% of the overnights per month, the less the noncustodial parent pays. If the parents each contribute 50% of income and the time with the children is split 50%, then, theoretically, no child support would be payable to either parent.

In other words, the amount of support your ex-boyfriend pays is totally dependent upon the statutes regarding child support in your state and the facts relating to your relative incomes and time-sharing situation. The bottom line is that what you are stating above may not be unreasonable based on the relevant law and your personal situation.

Nevertheless, it never hurts to check on things before you sign.

You might want to ask your attorney how your support amount is being calculated, based on the relevant law and your facts. You might also want to consult with another attorney in your area for a second opinion before you sign anything.

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K.B.

answers from Colorado Springs on

That doesn't seem right! When my son's dad paid child support it was $197 every two weeks, so it was $394 a month! He was court order to see him every weekend! Starting from Friday night, Saturday night and Sunday day only. He got vacation for 2 weeks and we alternated major holidays. He got him a total of 8 nights! Just like your ex! We were not married, but together for 7 years! He passed away a year ago though. It has been tough for my 10 year son, but we take it one day at a time though! I never had to pay my ex for the times he was with his dad, so I really don't know why that you do so! My son lives with me always and he went to school in my care and doctor visits and so on. I nor his dad had a lawyer either, so I would do my on searching around and see what you could find out at the court house and their is a web site you can go to. They can give you that at the court house. Don't give up and stick to your guns girl. Do what is right for your son's sake! I think because you do make more money than him that is why they make you pay him though. I would for sure check it though! My son's dad made more money then me though. Well, Just do some digging! Good luck to you and your son!

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S.S.

answers from Denver on

Child support is based on percentages of the total earnings of each parent. I don't know the earnings for each of you, so I cannot tell you if the amount is right. I do, however, recommend you research the state's child support policies and calculations.

Have a GREAT day!

S.

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S.B.

answers from Denver on

Hi C.. In Colorado, child support is calculated based on each parent's income, number of overnights and other expenses like who pays for child care, health insurance and whether either parent has other children. Here is a link to the self-help forms on the Colorado court's website: http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_T.... There is an excel spreadsheet that will calculate everything for you (assuming you have all of his financial information), as well as the instructions.

I hope this helps.

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R.K.

answers from Salt Lake City on

First DO NOT sign any papers until you're absolutely SURE you're in agreement and full understanding of them.

Child support will differ depending on wages AND custody. Do you have full custody or joint??

You may want to read the papers carefully and notice whether they say you are going to pay him or IF he were to have your son for the majority of time you would then pay.

There is a child support calculator on the state website.
For Utah (somehow I was under the impression you were in UT but I see you're in Boise, I'll just leave UT up here for others reading)
http://www.utcourts.gov/childsupport/calculator
For Idaho
http://www.alllaw.com/calculators/childsupport/idaho/
Idaho's State Website
http://www.healthandwelfare.idaho.gov/portal/alias__Rainb...

If you're doubting your attorney, find another one.

Again, Sign NOTHING until you're in full understanding of meaning AND context.

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T.S.

answers from Salt Lake City on

I know it might be upsetting, but it can be MUCH worse.

If in doubt, before you sign, it may be worth it to get a second opinion. It doesn't sound right, but then again, I nor anybody else from here know the entire situation.

I know of a situation where a mom is barely there for kids and the kids stay with their dad the 90% of the time. They have 50/50 custody. He has to pay 100% of health insurance for 4 kids - $450 a month and pay his ex $300 a month b/c he makes almost $15,000 more a year than her. I got this information from her! BTW - she isn't a horrible mom, but not a good mom by any means. She doesn't spend much time with the kids or pay that much attention them.

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D.K.

answers from Denver on

WOW what the heck? I am not sure your lawyer is on track here.
For child support each states takes into consideration, who pays medical benefits, cost of daycare, what your salary is and what the father's salary is, There are child support calculators online by state that will help you see what the guidelines should be!
I am the primary parent, as my ex is out of state and with the cost of before/after school daycare his child support will be over $1,000 a month for kids 4 and 7!

There is such a term as joint custody, which may factor in your situation however $70 seems pretty petty and ridiculous not to mention NEVER heard of the mom having to pay anything! Nuts!
I WOUlD NOT sign anything until you dig a little deeper. Look online http://www.alllaw.com/calculators/Childsupport/
and see what the basic guidelines are for your state!
Good luck, do not sign anything and think of getting a new attorney if he isn't fighting for you.

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C.N.

answers from Denver on

This sounds wrong to me. In Colorado, you can get a child support worksheet from the courts for free to figure out how much someone should pay. It depends on income and how many overnights each person has the child. And there is a minimum which is more than $70 (more like about $200). You can agree on different terms on your own, but this worksheet is very straightforward and seems to be pretty fair. You can also access it online through Colorado Child Support Services. I would definately get a second opinion!

B.W.

answers from Pocatello on

Whoever has custody is the one who recieves the money, not the other parent. I think your lawyer is kooky. Also your department of health and welfare can setup child support. At least they can here.

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