Legal Help for poor father's

[pixiegirl]

There is nothing horrible about paying child support, however, if you're already paying as much as you can, and for some reason it goes UP, I find that to be unfair.

Why is that unfair if the monthly cost of the child has gone up. From the sounds of it the health insurance costs went up. One would think if he had the child under his health insurance and lost his job and the mother had to pick up the tab for health insurance to the tune of $600 a month then his support should be raised.

 

[pixiegirl]

Then why doesn't it work that way for the women as well? And don't give me the BS that it does. Been there and done that.

The judgement for support or the enforcement of it?

 

[Toxick]

Don;t you have kids? They're not cheap. I pay over $1000 a month in daycare alone!

I have several. They're not that expensive either. Maybe it's because I don't pay daycare. I dunno.

 

[vraiblonde]

Then why doesn't it work that way for the women as well?

But it does. The formula is used, regardless of custodial parent gender.

 

[Toxick]

Why is that unfair if the monthly cost of the child has gone up. From the sounds of it the health insurance costs went up. One would think if he had the child under his health insurance and lost his job and the mother had to pick up the tab for health insurance to the tune of $600 a month then his support should be raised.

Maybe she should get a job that has medical benefits.





If I lost my job, and our family was still together, we'd all tighten our belts and make sacrifices until I could get back on my feet again.

However it seems that if I lost my job and our family was split apart, I'm a bigtime dead-beat loser if I dare suggest that the same thing goes.

 

[carolinagirl]

Is there such a thing as father's rights in this county? Is there any place in this county that offers legal help for people who can't afford it. We have exhausted all of our options. My brother is getting railroaded by his ex-girlfriend and her rich family who happen to know everyone in the court system, atleast from what she told me, and I believe because he can't get a fair shake and gets turned down by every government agency he has talked to. He just went to court AGAIN because she is trying to increase child support- my brother is $1000 ahead of his support. He lost his job last month and moved back here- he's now making $6 an hour and the gentleman at the courthouse wouldn't even let my brother appear in front of the judge-(and he asked numerous times to be seen in front of the judge). They wouldnt let him. They increased his child support to $400 a month(then told him that he was lucky thats all they did) - and wouldnt even look at his paystubs to verify his income. His ex is claiming a bogus salary and claims she pays MAMSI $649 a month for health insurance for my nephew... I just can't believe that- she didnt even show proof, they just automatically assumed her to be correct. My brother needs to talk to someone who knows the law but as I said, he is poor, he has no money and he is living with me until he can get back on his feet. His ex on the otherhand has over $350,000 in assets. Where is the justice...????

How can anyone survive on $75 a week!!! Is there anyone, any agency, who helps men like my brother???

Did he lose his job or did he quit because he didn't like the amount of child support he had to pay? There is probably more to this story, but bottom line is you cannot voluntarily reduce you income thereby reducing your child support. Can't he find a job in the field he used to work in and there are alot more jobs paying more than $6.00 and hour. Also, if he lives at home and now doesn't have the everyday responsibility of his kid, he should work two jobs and pay what he was ordered to pay for his KID, not the ex to live up to the standard in which he was accustomed when the parents split. Your brother should stop playing the victim role and be a man/father to his child and stop whining about what is a fair amount and what's not. In my opinion there should be no limit to the amount of money you are willing to pay for your child to be healthy and happy. Just because he doesn't like the mother anymore does not negate his duty to his kid.

 

[vraiblonde]

However it seems that if I lost my job and our family was split apart, I'm a bigtime dead-beat loser if I dare suggest that the same thing goes.

No, smarty pants. What happens is that you go back to court with proof that you are unemployed or have taken a salary reduction. Then they redo the formula to determine what your new child support amount will be. If you get a significant increase in income, you are expected to then refile and have your CS raised. If you don't do this, the ex will surely take matters into her own hands.

Yes, it is a PITA to stay current but too bad. Should have thought of that before you got divorced.

So I don't want to hear any more about non-custodials getting taken to the cleaners. It doesn't work that way unless you let it.

 

[Toxick]

Well since you haven't been through the system.

And I hope I never have to.

$400 a month is not a lot of money and it's certainly not the momma's fault or the kid's fault that daddy's only making $6/hr.

If they were living with me and I lost my job, they'd have to deal with it because they're in the same boat as me. I don't see how this is any different.



I think that allowances should be made for these kinds of situations.

 

[Vince]

But it does. The formula is used, regardless of custodial parent gender.

The formula might, but the judicial system doesn't. I tell you the story sometime. It's a real knee slapper.

 

[pixiegirl]

Maybe she should get a job that has medical benefits.





If I lost my job, and our family was still together, we'd all tighten our belts and make sacrifices until I could get back on my feet again.

However it seems that if I lost my job and our family was split apart, I'm a bigtime dead-beat loser if I dare suggest that the same thing goes.

If my ex had to maintain insurance on my kid and lost his job I wouldn't be able to put my kid on my plan until anual enrollment. Should I let the kid go without insurance?

 

[Toxick]

No, smarty pants. What happens is that you go back to court with proof that you are unemployed or have taken a salary reduction.

So far nobody's said that.


All I've heard is a lot of, "He betta git himself another job, or he best get a better payin' job - cause this kid ain't payin' for itself!"

In so many words.

 

[carolinagirl]

Maybe she should get a job that has medical benefits.





If I lost my job, and our family was still together, we'd all tighten our belts and make sacrifices until I could get back on my feet again.

However it seems that if I lost my job and our family was split apart, I'm a bigtime dead-beat loser if I dare suggest that the same thing goes.

Maybe HE should get a job that has benefits and therefore reduce his payment.

Sure everyone should understand hardship if a person truly loses his/her job through no fault of their own, but do we know that is the case? And what is preventing this dad from making more than $6/hr. Clearly the judge has heard more than us and beleive it or not when I worked in domestic law as a paralegal, alot of men "lost" their jobs and tried to get lower paying jobs to reduce child support, only to get hired a few months later somewhere else making just as much as they did before.

 

[vraiblonde]

alot of men "lost" their jobs and tried to get lower paying jobs to reduce child support, only to get hired a few months later somewhere else making just as much as they did before.

Larry had one guy working at the greenhouse that asked me if I'd fudge his payroll so he could get a CS reduction.

NO!!! He was garnished, too, which is a pain in the butt to deal with for employers.

Anyway, if you hain't got no money, you better think twice about getting a divorce. Or better yet, think twice before you get married and procreate in the first place.

 

[Wickedwrench]

Anyway, if you hain't got no money, you better think twice about getting a divorce. Or better yet, think twice before you get married and procreate in the first place.

Whoops! Too late for most of us here.

 

[Pegster710]

Go here:

http://www.dhr.state.md.us/csea/index.htm

If your brother goes to the caseworker at Support Enforcement armed with the info from this site, they have to at least hear him out.

Child support is based on the income and assets of both parents and, according to the law, proof of all income and expenses has to be documented. They get around this sometimes by having each party fill out a "statement". Unless it's specifically questioned, they won't give you the time of day.

Also, have your brother get the name and number of the local CS supervisor - and use it, if the caseworker tries to run him around. I found that calling every day usually got me the results I was seeking.

 

[Pegster710]

Evelyn W. Arnold, Clerk 301-475-4567

Call the Clerk's office and ask which lawyers have Pro Bono openings. He should be able to get a list.

 

[Toxick]

Child support is based on the income and assets of both parents and, according to the law, proof of all income and expenses has to be documented.

This is interesting.

So the non-custodial parent can request to see reciepts and proof that the money is being spent on the child(ren)?

 

[Ken King]

In the law for the formula I think there is reference to "potential income" meaning if there is proof you were making "X" dollars and now for some reason you are only making a piddling "Y" dollars you are still required to pay support based on the amount of "X" dollars. From what I remember paying until I gained custody it was 12.5% of my gross per child. That was a fun year and a half.

 

[RoseRed]

12.5%

That is more than the average church 10%.

 

[Ken King]

That is more than the average church 10%.

Yeah considering I was paying for two at the time (25%). And that was before taxes.