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TomatoFace
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Child Support obligation with no job.
      #699996 - 10/21/10 12:07 PM

Is is legal to ask me to contribute to child support when I do not work? I had a temp. order in Sept. My husband has been sole provider for years...I am a at-home mom...
His atty. (I am pro se--because I can't afford an atty.) filled out the paperwork to make it appear that I have a job at min. wage...which shows I should be contributing 83.00 per week....I don't even MAKE 83.00 per week...how can this be legal? Should I ask for arrearage this coming Wed.? That's a few hundred that could have paid my bills that have been disconnected.
Help???


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MrsB
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Re: Child Support obligation with no job. [Re: TomatoFace]
      #700000 - 10/21/10 12:15 PM

Yes, it is legal. While you may be a SAHM, once divorces you should still both be contributing to your shared child's financial needs. Does the child live with dad? I assume you are NCP? I guess you stay home with the children you have with your current husband?

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1966Gal
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Re: Child Support obligation with no job. [Re: TomatoFace]
      #700012 - 10/21/10 12:45 PM

Yes, it's legal for him to TRY to impute you for the purposes of CS. But you can certainly fight that and argue that it's not reasonable. Also, don't forget what I told you in the other thread...if they are going to compute you at working wages, then they also need to include the daycare costs you would incur if you were working. Those will negate the imaginary wages you don't make.

I can't BELIEVE you are going at this without a lawyer. If your H has the ability to pay for one, so do you. How is your H paying for his attorney? You should have access to the same money he has access to.

I IMPLORE you to go speak to an attorney today. You are under a lot of misconceptions and you know nothing about divorce. There is NO WAY you will come out of this fairly and equitably without a lawyer.

Have you even gone to speak to an attorney or are you just assuming you can't afford one?

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Sherron
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Re: Child Support obligation with no job. [Re: MrsB]
      #700013 - 10/21/10 12:45 PM

Correct me if I'm wrong... you have been a SAHM and are in the process of divorcing your alcoholic dh who had an affair. You are asking for custody, child support, and alimony.

If that's the case... yes, it is customary to impute a wage to a parent who is not gainfully employed, usually at minimum wage, 40hrs a week. It is legal because as the child's parent, you have a legal duty to support the child, including financially. The bad news is that you'll have to start making a lot more than $83 a week, and fast. Even under normal circumstances, cs is not enough for you to live on... nor should it be. You have no idea if there will be an order for alimony. Let's assume best case scenario for you... cs (which will be based on the income imputed to you as afforded by law) and alimony, enough for you to remain a SAHM and homeschool. According to you, your dh is an active alcoholic... how consistent do you think he will be making payments when he drinks morning, noon and night? How likely will it be that he even keeps his job? Your best bet will be to put yourself in a position where you can afford to take care of yourself (as you should) and your children... 100%. You may not think it's fair, but you need to do proactive. The fact that you're right and he's wrong will do you no good when you're homeless because you have no money to pay the bills.


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Sherron
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Re: Child Support obligation with no job. [Re: Sherron]
      #700015 - 10/21/10 12:47 PM

"Yes, it's legal for him to TRY to impute you for the purposes of CS. But you can certainly fight that and argue that it's not reasonable. "

Why would it not be reasonable for a parent to contribute to the care of three children to the tune of $83/week? That's less than $4 a day per child.


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1966Gal
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Re: Child Support obligation with no job. [Re: Sherron]
      #700016 - 10/21/10 12:54 PM

Why would it not be reasonable for a parent to contribute to the care of three children to the tune of $83/week? That's less than $4 a day per child.

+++++

Sherron, they didn't impute her at $83 a week. They imputed her at such an amount that it reduced the amount of CS she receives by $83 a week.

She hasn't worked in YEARS. She has a 4 year old at home. She can't just magically go back to work.

Also, if she did and made min. wage and then included the daycare costs in the CS calculation, he would not come out in his favor.

She homeschoosl a 14 yo and a 13 yo and a 4 yo. For her to get back to work will take some time, as the well-being of the kids matter and you need to make that transition from homeschooled to public schooled cannot just happen "tomorrow." The "life she and her kids have become accustomed to" matter very much in divorce court.

Even MORE of a reason taht she desperately needs a lawyer.

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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MrsB
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700017 - 10/21/10 12:55 PM

I thought she's supposed to PAY the $83 a week, not receive it.

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1966Gal
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Re: Child Support obligation with no job. [Re: MrsB]
      #700018 - 10/21/10 12:57 PM

They imputed her at such an amount that her share of the child support is $83 a week. But since she is CP, she doesn't pay, it just comes off of what he pays.

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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MrsB
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700019 - 10/21/10 12:58 PM

Oh ok thanks. I was confused.

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Sherron
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Re: Child Support obligation with no job. [Re: MrsB]
      #700022 - 10/21/10 01:12 PM

"Sherron, they didn't impute her at $83 a week. They imputed her at such an amount that it reduced the amount of CS she receives by $83 a week."
Yes... the $83 is her expected contribution to the three children's care, at least on paper.

I'm assuming her landlord and the utility companies don't care how long she's been out of work.


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1966Gal
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Re: Child Support obligation with no job. [Re: Sherron]
      #700024 - 10/21/10 01:16 PM

The $83 isn't even correct because for her to make ANY income, she would have to pay far more than $83 a week for daycare. If she works full-time, his CS goes UP. As soon as she starts pointing that out, he will probably back down like my ex did.

If they are going to run the CS calculator with her imputed income, then they also must use the daycare costs they would incur for her to make that income.

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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Sherron
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700031 - 10/21/10 01:33 PM

Gal... agree in theory, but I think it will be a moot point... regardless of how much they both agreed in the past for her to be a SAHM and home school... I don't foresee that being a an option for her anymore, especially considering her dh is an active alcoholic.

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1966Gal
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700032 - 10/21/10 01:34 PM

TomatoFace, here is how you fight this battle.

Have HIS lawyer pull up the CS calcultor and have him show you what he is imputing you at. THen you say "Ok, but for me to make that, I have to put 4 yo in daycare. I've researched good, quality daycares and here is what they cost a week. Plug in what you are imputing me at monthly and then plug in the daycare costs and lets see where that leaves child support."

Since you can only be imputed at Min. wage, the CS calculation will go UP. Then you say "Ok, if you insist on imputing me, I'll take that additional amount." Then your h will say something like "you know, now that I think about it, you saying home with 4 yo a couple more years is in the child's best interest...blah, blah, blah..."

Now, IN THE MEAN TIME, your job is to go around and get rates of the best daycare facilities in your area. Have their rates with you when you have the converstaion above so you can show them, without a doubt, what full-time daycare really costs. That way, they can't argue with you that your figures are wrong.

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1966Gal
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Re: Child Support obligation with no job. [Re: Sherron]
      #700040 - 10/21/10 01:41 PM

I don't know, Sherron. There are a lot of functioning alcoholics in this world.

But in her own best interest, she would be a fool to try to keep homeschooling and not seeking full-time employment quickly. No matter what her divorce settlement is, it won't be enough to sustain her long-term.

TomatoFace, one more bit of advice. If this gets ugly, simply throw up your hands and say "That's not enough. I can't get by on that. You will just have to take the kids. I'll work full time and pay you $83 a week in CS."

My ex was playing hard-ball until I did that. He kept threatening to take the kids from me, thinking that would scare me so badly that'd I'd agree to anything to keep them. So, I called his bluff. I said "ok, you are just going to have to take them. You'll have to change jobs, stop traveling, stop drinking, stop working overtime and make taking care of the kids your top priority while I spend the next decade focusing on my career...and I'll pay you $83 a week in CS. Bobby has a haircut appointment next Friday, Susie has a dr. appt. tomorrow at 1:00. Billy has to be at a birthday party at 10:00 on Saturday. Susie has soccer 3:00 - 5:00 every Tuesday and Thursday."

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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Miranda
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700043 - 10/21/10 01:47 PM

It is absolutely customary for states with shared income support models to impute wages for non working parents. Dealing with NM, BM has had wages imputed 90% of the time whether she makes that money or not.

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13.1...because I am only half crazy!


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Sherron
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Re: Child Support obligation with no job. [Re: Miranda]
      #700062 - 10/21/10 02:19 PM

"I don't know, Sherron. There are a lot of functioning alcoholics in this world."

Well, if your advice is to depend on a functioning alcoholic to pay your bills and support you and the kids after the divorce while thinking your expected contribution of less than $4/day/kid is unreasonable... we'll just have to disagree.

Best of luck, TF.


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gr8Dad
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700070 - 10/21/10 02:34 PM

Wow, that is REALLY amazing, you were willing to reduce his income, for ALIMONY purposes, THAT low so he would take the kids? Wow, just wow, you are SO giving.

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Why give a "senior" discount, they have had plenty of time to raise the money...


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gr8Dad
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Re: Child Support obligation with no job. [Re: TomatoFace]
      #700071 - 10/21/10 02:35 PM

How about this, get off your ass and get a job, the 4 year old goes to headstart (or reduced cost daycare) and you WORK for a living.

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Why give a "senior" discount, they have had plenty of time to raise the money...


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TomatoFace
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Re: Child Support obligation with no job. [Re: Sherron]
      #700073 - 10/21/10 02:50 PM

Yes..they input me as making someting like 330 a week...boiled down it computes to my contribution being 83.00 when there is nothing there to work with...
I understand that eventually I will need to be gainfully employed...
He borrowed 3K to start this whole process, and he has been sober for 1 year...he has not contested the counter claim of adultry and substance abuse.
I am still waiting for the pro bono office of CT to get back to me...for weeks....no one will take you pro bono in CT...which is why I am posting here.
I will be presenting in front of the judge this coming Wednesday concerning computations of CS and SS...this is for TEMP ORDERS...I just can't maintain a household on the meager (and incorrect data) that he and his attorney are using. BTW: I think he is running out of money soon, as he is now "magically" not contesting the 8 hours of visitation he recieves every week. HE moved out of state...and left me here after only 8 months....
The landlord is unaware, HE has chosen to pay rent only until the end of December...
What they are doing is forcing me to go back in to the workplace, pop the older ones in public school, and send the little one to daycare...He lacks the desire to be responsible...(hence the addictions)
I thank you all for explaining some of this to me..it's what I supposed all along to do....and until I can afford an attorney, or have one appointed to me through legal Services, I am my own voice.
THANKS FOLKS!!!!


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TomatoFace
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700074 - 10/21/10 02:53 PM

Yes..I have this information....as a matter of fact, he offered to pay, then recinded when the price came in...I actually showed him the packet in court waiting on Sept. 22, for our initial temporary orders..LOL....
THAT IS A GREAT IDEA.


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1966Gal
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Re: Child Support obligation with no job. [Re: TomatoFace]
      #700103 - 10/21/10 03:28 PM

I wish you much luck! By all mean, make sure you stop back by and let us know how the Temp. orders went!! We love to hear the results so we can give better advice in the future.

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The Gov cannot give anything to anyone - that they have not first taken away from someone else.


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TomatoFace
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Re: Child Support obligation with no job. [Re: 1966Gal]
      #700300 - 10/22/10 09:59 AM

No problem...we'll let you know!
Thanks!


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