chattyboo
recently joined
Reged: 12/09/04
Posts: 5
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Does anyone know how support is set when the non-custodial parent is a college student with no income? (I am neither unemployed or under employed to avoid paying support. I am going to school to be able to provide better for my child.) This is in Louisiana. The custodial parent makes about $2800 a month. The custody agreement is joint. Time shared is about 60/40.
Please let me know as I am being threatened with court action to pay support when I have no income. I'm going to school to try to improve my chances of getting a good job so I can take care of my family better in the long run and may be forced to quit and go back to work to pay now. I would take a part time job, but I have another child who is 12 months old and the program I am in requires me to be in school and clinicals from 6 a.m. until 6 p.m. as well as get my studying time in once I get home...it would be impossible.
You would think that the custodial parent would be understanding as I never asked for child support for the 4 years that I had custody and they were going to school to get their degree, but of course not. Someone please help.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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The court may very well take into consideration that you allowed them to go through school without paying support and offer you some concessions to do the same. However, be prepared for the worst...
Since you do not/have not been working, they would set CS either based on you having a minimum wage job or at the state minimum, which is generally $50 to $100/month.
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Char Fox
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Plum
enthusiast
Reged: 10/04/04
Posts: 218
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Definitely be able to prove that you had foregone support so that the other parent could go to school.
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Lawyers rule the U.S.; I am not one of them.
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Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
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how you can have no income, yet claim to not be unemployed. You ARE unemployed as you are not working for pay. You are choosing to go to school, which is great, however, you have an obligation to your child. You are capable of earning something even while attending school...as many, many parents have attended school while working full time (I am one of those). Your judge should impute an income to you at a level that is commensurate with what you are presently capable of earning. Even if that is only minimum wage....or slightly higher (In & Out Burgers pays around $9 an hour here). Then support should be calculated. If you still choose not to work, then you suffer the consequences of failure to pay your child support. You're just going to have to figure out how to care for your other child AND do some work at the same time....it's not impossible.
You state that you didn't ask for child support while you were the custodial parent. Too bad...that wasn't a good idea and technically, it wasn't your decision to make. The child support is for the child and you don't have the authority to waive child support for someone else.
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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She was stating that she was not underemployed, for purposes of saying that she was not intentionally doing this....(kinda like saying- Im am not, not working in order to get away with anything or avoid CS) re-read the original post, as I had to read it a few times to get it too. ;)
Blessings, Onyx (who misses stuff like this sometimes too, and has to re-read almost everything....LOL)
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"Don't Make Me Get My Flying Monkeys"
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Eric
old hand
Reged: 05/30/04
Posts: 807
Loc: USA
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The courts dont care about your good intentions. Get used to that idea, pronto.
If this goes through the courts, you will be ordered to pay child support.
You are not unemployed since that requires you to be seeking employment. Since you are not, you are retired (like me) even if only temporary.
The judge will impute income and you will be held accountable for that.
Fair? No. But also not fair to your child if you don't support the rug rat.
Want to change the system? Join FIRM.
Good luck,
Eric
www.FIRMncp.com
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Equality is not a difficult concept
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aussie928
old hand
Reged: 10/29/04
Posts: 969
Loc: Dallas
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welcome back from your latest drunken stupor Erica. Firm cant even change your underdaks mate, and you couldnt find your own butt with both hands if you tried. Show me some legislation that FIRM has had a hand in changing. You only use your hand for one thing mate..and its not printable here..my hell there are ladies present
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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You refer to someones child as a "rugrat".???
You make me sick... with little things like this, they all add up, and make you the idiot that you are. And why join FIRM? To degrade people and their beautiful CHILDREN.
-Onyx
[quote]
Fair? No. But also not fair to your child if you don't support the rug rat.
Want to change the system? Join FIRM.
Good luck,
Eric
www.FIRMncp.com [/quote]
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"Don't Make Me Get My Flying Monkeys"
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30376
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And "booger miners" and "crumb snatchers". It is a term of endearment.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Onyx
old hand
Reged: 08/03/04
Posts: 816
Loc: Buffalo NY
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Thats your own kids, and you say it with endearment. When Eric says it, he insinuates that they are something to be tolerated, and he is disrespectful. Cant ya see it in black and white? He carries a nasty tone, even over the net. Blessings, Onyx
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"Don't Make Me Get My Flying Monkeys"
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