M.O. asks from Springfield, GA on August 31, 2011
For Moms That Get Child Support
I have been receiving support for my 7 year old for just over a year. It is an enforced order. His father has no contact with my son by his choice. I can ask for an increase every 3 years or if there is an income change. I moved to another state 7 months ago and am still not working. Partly by choice but I live in a very small town and there is very little to choose from. The support amount is based on both of our incomes. I get a whopping $40 a week. If I ask for an increase, is my husbands income also taken into consideration? I'm not trying to be unfair by asking for more but with the crazy cost of groceries and everything else, $40 a week isn't cutting it. Thanks mama's!
F.H. answers from Phoenix on August 31, 2011
Generally your new husbands salary is NOT factored into your child support payments. It is not his responsibility to be financially responsible for your child. That being said, you should do the calculations fairly to see what your ex really owes. At the time of my divorce, I was self employed and was not making minimum wage but that is what they said I had to put in there as a "fair" salary. You can also go to your counties website and they should have free calculators on there as well as info answering your questions. Good luck.
1 mom found this helpful
T.S. answers from Dallas on August 31, 2011
In my opinion, your new husband's (step-dad) income is not factor into the calculations. It is based on your child's dad's income only. Did the father get an increase in pay? If not, you are wasting your money to do a modification of child support.
Ask an attorney for real advice in the state where the child support order was rendered.
Good luck....who thinks anyone can raise a child on $40 a week, that barely pays for lunches.
A.R. answers from Milwaukee on August 31, 2011
They may ask for your W2's I was told or they will figure what your hourly wage was at 40 hrs/week(that's your obligation). I believe this is done when a child goes to live with the father and you still have another child of his. If it is just 1 child and that child lives with you it may not matter but I would not go back for more because you are not working anymore. The judge may not see that as fair.
P.M. answers from Tampa on August 31, 2011
In FL, my husband's income was NOT factored in... and I'm still waiting on my modification!!
G.B. answers from Oklahoma City on August 31, 2011
$40 per week is basically just above minimum wage child support, which is about $38 per week.
I get a bit more than that on 1 child from her dad and the other dad is right here with you for our boy.
If he makes a lot more than minimum wage you can ask for an increase, it should have nothing to do with your income though, it should be based on his income and it be a percent. If he makes under $10 per hour I don't think it would be worth your time.
It should be handled by the child support enforcement agency so you really need to ask them, if they say no then unless you want to pay all the court costs and stuff, plus attorney fees I'd go with what they say.
I figured up, just estimating what I know I get and what minimum wage was when my child support was ordered. I get about 12%-14% of their income.
So, if he makes tons of money he should be paying more, if he makes minimum wage of even a little better he is pretty close to the top of his legal requirement.
E.T. answers from Albuquerque on August 31, 2011
The answer to this depends on how your state calculates child support. In my state - yes, the father's income is taken into account, as is the mothers. If you weren't working before and you're still not working, then nothing has changed. But if the father has a higher income now than he did before, it may be worth seeing if your son qualifies for a larger payment. Contact your lawyer or the court system in your old state to see if there's a worksheet you can fill out to see how much your son is entitled to.
S.B. answers from Redding on August 31, 2011
Well, in California, I know for a fact that even if the mother doesn't work, they impute her ABILITY to earn at least minimum wage 40 hours a week. They consider that your financial responsibility as far as being able to contribute to the support of your child as well. That amount is factored in when it comes to the formula for determining the support amount.
If you choose not to work, they don't take that as being "unable" to work or hold a job. Staying home with your child isn't reason enough not to work, especially if you feel that there's not enough money for the child to have the things he needs. They won't necessarily take your current husband's income into consideration, but if you live well and above your ex's means, and you personally aren't contributing to the support of the child, they aren't going to make the father pay more.
Fathers do have an obligation to support their children. Mothers have that same obligation. That's why they impute income to you whether you work or not because they figure you COULD earn that amount.
I also know that once you ask for a review in California, you aren't allowed to take it back if the amount is lowered. I found that out the hard way when I was on disability as a single mom after badly breaking my leg. I ended up with $70/MONTH. And, I went 8 months without even getting that because they determined that I had been over paid. I was only getting $186 a month as it was. My income was cut in half and I also lost $116 in child support after asking for a review on the advice of the child support agency.
They did me no favors.
Look, in my opinion, you should leave things as they are. You get $160 a month which seems like a pittance, but it could be less.
And, you get that money without having the hassle of your son's father in his life.
I would leave it alone.
If you go digging, he could ask for more time and custody and if it's awarded, the amount of money will go down and the amount of time you have to deal with him will go up exponentially.
He leaves you alone. You get $40 a week. You're married. I hope that you don't need the support because your husband isn't able to provide well for all three of you.
I've been a single mom and I've always worked. Thank God I didn't have to rely on child support. If I did, I'd have been sunk a long time ago.
I may be in the minority. I didn't read the other posts. I just really think that even if you get $10 more a week, it might not be worth what you have to go through to get it. I wish I'd never followed the advice of the child support division. My child support got cut more than in half. My son is 16. You think $70 even buys him socks and underwear let alone food and other clothes and shoes? It's fallen on me and it's just the way it is. My son will be 18 in two years and I will never deal with the child support office again. They forward my piddly checks to me and that's about it.
If $40 a week isn't cutting it, in the court's eyes, you could surely find a way to contribute at least that much for your child as well. Your son is 7, not an infant. If he needs more, you are also obligated to provide. Your husband isn't the bio parent and he is not legally obligated to provide for your son.
You and your ex husband are.
No offense, that's just my experience with the courts in California. My ex actually has much more money than me, but he is in Real Estate and they felt sorry for him because of the housing market and he hadn't sold a home in X amount of months. I was considered the one with steady income, temporary disability. I got hosed.
Now when my son is super expensive, I get basically nothing.
I have always worked and found a way.
Just my opinion.