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 Child Support
 Child Support Calc. question
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geis55 Member |
posted 02-17-2009 06:13 PM
 
My ex was laid off in Nov. he's been paying child support ever since, sometimes late and not the agreed upon amount, but we've been working together. He recently became employed but only a straight commissions job. 5 years ago we went through mediation and both arose at an agreed upon amount for monthly child support. My oldest is now 19 and not going to school and working part time but living with me full time. We(husband kids step-father) are going to pick up my youngest child on my current husbands insurance. We have to figure something out to get my 19 year old insurance. Now that he began a straight commissions job, he waants to sit down every month and calculate the child support monthly using the online child support calculator. Since we went through mediation there is no court order for child support. I am thinking about getting an attorney to talk to. I want to know if anyone has any experience or if anyone has dealt with this before? |
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shawn single dad |
posted 02-17-2009 08:12 PM
You should talk to your local child support enforcement agency first, they may be able to help, but maybe not if there is no court ordered or approved plan. I guess hiring an attorney is an option, but how old are your younger children? If you feel you aren't getting a fair amount for your kids under 18 then it will be a cumbersome and expensive process to get an order in place now, so how much time they have before they turn 18 should factor into your decision to take him to court. If he is working with you then you need to also consider the possibility of alienating him. |
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geis55 Member |
posted 02-18-2009 10:51 AM
My youngest is 6 so I have a while to go. I agree it will be costly & cumbersome to obtain an attorney to get a court order in place. My oldest is 19, but myself & my husband are his sole financial support. My ex was to carry the health insurance, but after the end of March, he is no longer so we are picking that up. He was also to pay 1/2 of the uninsured medical expenses for both children. Last year I paid about $2500 out of pocket with nothing from him. I will be doing so again this month for a medical procedure. The divorce agreement also stated that a portion of the child support for my youngest was to be deposited into the 529 College plan we set up, but that isn't happening either and we are financially unable to do this w/out the child support. My husband is looking for part time work to try to make up for the missed child support. I would like to get a court order in place so I guess I have to weigh the cost. I wonder why should my husband work part time on top of already working a 50 hour work week, when the non-custodial father won't even bother! Just my own frustrations! |
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shawn single dad |
posted 02-18-2009 06:38 PM
Well, since she is so young should probably go for it, but as far as the 19 year old unfortunately he won't be included in the calculation, even though we all know that 18 is no magic bullet for us stopping to support them  Call a few attornies in the area or get a reference from a friend and you should be able to get one free consultation to determine the overall cost. and again you should consult with your local child support enforcement agency first to get their ideas.your ex is likely to get angry for a while, but don't take the bait. just tell him that a firm court approved agreement is in everyone's best interest. stay patient and don't count on anything until it is in your hand, and life will get better. good luck |
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geis55 Member |
posted 02-19-2009 09:43 AM
Thank you. I figured that the 19 year old wouldn't be included in the calculation, even though I am the sole financial support for him, but that's fine. I actually did speak with an attorney yesterday and have an appt. for a consult next week to talk about a modification to the divorce agreement(went through mediation). I am sure the ex will be a little angry too. He & I have been very amicable for the last 4 1/2 years and have been able to work together on the child support and I have been very patient since November and was appreciative of whatever he could pay for support. But now he won't be carrying the health/dental insurance for my youngest, and with the straight commissions job....the support will be sporatic. There could be some months where he doesn't make anything therefore won't pay anything and other months where he makes thousands and how will I know that?? I won't. This way if we have an order through DOR then the arrears will be tracked. I am not out to stiff him, or drain him dry by any means. But it is his daughter and she is very well taken care of, involved in activities etc. Without the support I am unable to deposit into her 529 college plan every month also. I know this will be a long drawn out process and I am not looking for something to get resolved quick. Thanks for your advice! |
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