ssusanj1116
newbie
Reged: 09/28/07
Posts: 27
|
|
I filed for CS back in november. Stbx never responded to anything. He got the first calculation of 640.00 with him to pay insurance and was ok with paying that amount. This calculation was incorrect at the time as is did not include the cost of daycare. CSE sent out a new calculation including daycare in the amount of 966.00 with him to pay insurance Stbx had 20 days to ask for hearing and did not. CSE being as slow as they always are never entered the order after stbx time frame had elasped. Now stbx got lawyer to file for admistrative hearing to delay child support another 6-9 months. stbx is now stating that he will pay immediately if i take it out of the courts system and only make him pay 700.00 and keep said child on my insurance. Insurance for the child is 123.00 a month. I really need the help as father has not paid one dime in child support since child was born 5 months ago. Will be evicted from home if don't get some type of help soon. CSE is now in a delay for 6-9 months waiting for hearing or he can withdraw his request which he refused to do. i have filed for divorce and he was served yesterday. He has 30 days to respond to divorce petition and then a court date will be issued for temp custody and support. but don't know if I will be able to maintain by myself much longer. do I take him up on his offer and take what i can get and cancel the support request. or should I try and wait him out. My fear is that I know there is the possibilty of him having another child due on april 20th and if I cancel the request and the child turns out to be his then i could end of getting sscrewed in the long run. what do I do
|
Buckeye
Carpal \'Tunnel
Reged: 12/08/05
Posts: 7857
|
|
I would think that he has to pay whatever CSE is calculating. DO NOT CANCEL THE CHILD SUPPORT REQUEST. You can't be positive that he is even going to pay.
You file against him so that your order is in first. That way, you get your CS figured on his salary. Then, the second child will get their CS figured on whatever is left of his salary. So, it is very important that you file first.
|
DeeCan
veteran
Reged: 04/05/08
Posts: 1266
|
|
I know when you stand to lose your home, it seems that taking his agreement is the best route to go. But it's not. You need his help now and you will in the future, it's best to establish that he, like most others, has to pay according to the guidelines.
Now, if you absolutely believe that you must do something NOW, the only thing I would agree to is the $700/mo but paid through the Court by wage garnishment. Anything else, we battle it out.
Doing so insures that you receive payment...as long as he has a job.
--------------------
Don't drink and park, accidents cause people.
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
[quote]I filed for CS back in november. Stbx never responded to anything. He got the first calculation of 640.00 with him to pay insurance and was ok with paying that amount. This calculation was incorrect at the time as is did not include the cost of daycare. CSE sent out a new calculation including daycare in the amount of 966.00 with him to pay insurance Stbx had 20 days to ask for hearing and did not. CSE being as slow as they always are never entered the order after stbx time frame had elasped. Now stbx got lawyer to file for admistrative hearing to delay child support another 6-9 months. stbx is now stating that he will pay immediately if i take it out of the courts system and only make him pay 700.00 and keep said child on my insurance. Insurance for the child is 123.00 a month. I really need the help as father has not paid one dime in child support since child was born 5 months ago. Will be evicted from home if don't get some type of help soon. CSE is now in a delay for 6-9 months waiting for hearing or he can withdraw his request which he refused to do. i have filed for divorce and he was served yesterday. He has 30 days to respond to divorce petition and then a court date will be issued for temp custody and support. but don't know if I will be able to maintain by myself much longer. do I take him up on his offer and take what i can get and cancel the support request. or should I try and wait him out. My fear is that I know there is the possibilty of him having another child due on april 20th and if I cancel the request and the child turns out to be his then i could end of getting sscrewed in the long run. what do I do [/quote]
So we can assume you are paying a minimum $1000 our of pocket yourself to the support of the child?
--------------------
GO CUBBIES!!!!
|
ssusanj1116
newbie
Reged: 09/28/07
Posts: 27
|
|
Relayer if you include that as of right now I pay for housing, food, clothing, toy, developement supplies, daycare, and insurance, yes i pay that and plus some I would assume. I am not trying to take my stbx for his money it is not like that. Up until 5 days ago we haven't spoken since last May when we split up. We are trying to do our best to communicate and work with one another. He stated to me tonight that he could not afford actual calculated amount. Mainly due to currently he supports his girlfriend and her 5 children. None of which are his should i add. He also possibly has another child on the way he not even sure if it is his child. I understand this. I am trying to be fair but there were alot of trust issues when we split up including physical abuse. Since then he truely has not been involved or helped out at all. I do need the help in supporting our child. I know I need the help and am very greatful if he is being sincere. I am ok with the lesser amount if that is all he can afford becuase right now anything would help. i just wanted to cover my ass also. I don't want to agree to something and then a year or two down the road after a court order is issued be stuck having to start this process all back over because he decides he doesn't want to pay or doesn't have the money. Also the children he is currently supporting are not his. i do think it is important for him to support his own child before he supports another womans children.
Edited by ssusanj1116 (04/14/08 12:10 AM)
|
ILMimi
addict
Reged: 01/03/08
Posts: 502
|
|
--i do think it is important for him to support his own child before he supports another womans children.--
You are correct to think this. I know its hard to say "I would do this if I were in your shoes" BUT if I were in your shoes I would go to the hearing for temporary support, get as much support from him at that point, and continue with the official request for support through the system. Given his situation of supporting his gf and 5 kids and possibly another on the way, I totally don't believe he will fulfill his promise to support your child. And lots of people seem sincere when the divorce is pending. Once it is over, forget-about-it.
|
Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20052
|
|
"Relayer if you include that as of right now I pay for housing, food, clothing, toy, developement supplies, daycare, and insurance, yes i pay that and plus some I would assume."
"Will be evicted from home if don't get some type of help soon."
So, are you paying for housing or not? Usually, you don't get evicted unless you're already behind in rent.
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
"father has not paid one dime in child support since child was born 5 months ago"
"stbx is now stating that he will pay immediately if i take it out of the courts"
And his track record is????
Yeah, he'll pay, just like he's been paying..."not one dime".
Ignore comments about whether you're paying $1K. CS is income based. What it was meant to suggest is that you are supposed to pay equal what your ex does. And if CS were split 50/50, that would be the case. Its not however. AND, since your ex pays absolutely NOTHING, you're currently paying 100% of whatever the costs are.
And yes, you could easily get behind and close to eviction if you're trying to support a child, it took two to bring into the world, alone.
But my suggestion would be to start cutting back. Look for cheaper housing, whatever it takes. Because I can almost guarantee you that you're going to have trouble getting CS from this man, even if the court orders it paid. Never rely on it.
As for another child on the way, yes if you cancel your claim, that child may come first with CS, meaning you'd get the lower amount. However, if he's stating he can afford $700 and that would help you out and you think its a fair amount, fine. Make an agreement with him. BUT MAKE IT THROUGH THE COURTS. He doesn't get a "get out of court free" card. Let him know you're willing to work with him on the amount as long as you feel he's on the up-and-up. But that you ALSO want to protect yourself and your child. If he still has a problem with it, then he has no intention of paying you anything anyway and is trying to buy himself more time.
--------------------
Char Fox
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
