TomatoFace
recently joined
Reged: 10/21/10
Posts: 15
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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
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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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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Reged: 04/04/08
Posts: 10098
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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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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20056
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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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Reged: 11/25/06
Posts: 20056
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"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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Reged: 04/04/08
Posts: 10098
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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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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
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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I thought she's supposed to PAY the $83 a week, not receive it.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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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
Carpal \'Tunnel
Reged: 07/03/10
Posts: 6355
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Oh ok thanks. I was confused.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20056
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"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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