Wow, it has been a while since I last updated you all on where things stand with Child Support. And no, I am not staying quiet on it for a change, it’s just that not much has changed.
When I last updated you, I had “heard” that HJ’s
father sperm donor was going to request an order for modification. About a month ago, I finally received a notification from Child Support Recovery that a request for modification was entered. In the packet, it included all the forms I needed to fill out so they can set an amount.
This includes: pay-stubs, insurance amounts, daycare receipts, etc. Apparently all of this is taken into consideration, you know, if the other person was actually working. Side note: Not going to lie here, I actually figured out that I would be able to have the same life-style if I had no job and collected government benefits(because I wouldn’t pay for daycare and the state would provide insurance among other things), no wonder people find it hard to get out of the system. That really ticked me off.
If you do not fill out the forms, they base it on the state average amount. It doesn’t say this, however, I know this, because when we first had this done, daddy dearest was making good money. He didn’t turn in the forms and his amount was set on the average income of all other deadbeats. Yup, not the average salary in the state, the average for people that aren’t willingly paying child support. The average salary was set at $18,000 for him.
However, $18,000 is significantly more than what he is making now. Because now, his fiance and him have decided he would be a stay at home parent for their 2 daughters.
Because of that fact, I called the child support office to voice my concern. My case worker told me that since his income will show as $0, the support amount will be $10/month. When I receive the paperwork with that amount, I can dispute it. This will take an additional 60 days. The case will be reviewed. The review will show that he still isn’t making any money, and the amount will again be set at $10. I can then dispute it again, and it will go to court. Which we all know how fast the court system works…
So, we will have to go to court. This presents a few problems:
1. It’s expensive
2. Neither of us live in the city our case was established in (granted, I can drive there, but he would have to fly)
3. To go to court, I feel it is best to have a lawyer
Those 3 things led to me meeting with a lawyer. Luckily, he is just going to be a pretty face in court and I will only have to pay him for that part (thank God for friends). I met with him, and he said once I receive a letter showing the “new amount”, he will ask to have my case transferred locally. The local office handles a lot fewer cases, so it is easier to get things done. And then I won’t have to travel for the court hearing. Of course, then the father will know what city we live in.
The lawyer agreed that the amount will be set to $10/month. But said the court will change that, because $10/month is what people in prison are required to pay. Yup, people in prison. Not stay at home dads. Not people whose families decided they had enough of an income that they no longer had to work.
Unfortunately, the best the court will do is require him to pay what a person making minimum wage would have to pay. I am hoping that the court will also require a set amount of back-owed support to be paid. It is currently close to $20,000. I don’t think it is fair that they will just ignore that amount and hope that the court will agree with me.
Has anyone had to go in front of a judge for child support? Were you able to get an arrangement on back-owed support?
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