codeorama Posted October 26, 2016 Share Posted October 26, 2016 Ok, I'm finally filing for child support. The court has asked me to input how much I want. Is this how its normally done? I thought they would just ask ex for her pay stubs and so on. Any insight would be very helpful. The only thing I can add is when I filed for divorce 8 years ago, my lawyer completed a child support work sheet and determined that my ex should be paying 330 per month. This was when she was waiting tables and had very little documented income. She's now a real estate agent. I can't imagine she's very successful, but regardless... I'm not trying to be unfair. I'm just tired of her not contributing anything. Link to comment Share on other sites More sharing options...
Dont Taze Me Bro Posted October 26, 2016 Share Posted October 26, 2016 32 minutes ago, codeorama said: Ok, I'm finally filing for child support. The court has asked me to input how much I want. Is this how its normally done? I thought they would just ask ex for her pay stubs and so on. Any insight would be very helpful. The only thing I can add is when I filed for divorce 8 years ago, my lawyer completed a child support work sheet and determined that my ex should be paying 330 per month. This was when she was waiting tables and had very little documented income. She's now a real estate agent. I can't imagine she's very successful, but regardless... I'm not trying to be unfair. I'm just tired of her not contributing anything. Do you have an attorney right now Code? Cause if not, you might be shorting yourself over what is the fair amount or you might ask for more than the fair amount. Did find this child support calculator on one legal website: http://www.alllaw.com/calculators/childsupport Just select your state, then enter in the info and calculate. Link to comment Share on other sites More sharing options...
bearrock Posted October 26, 2016 Share Posted October 26, 2016 Forgive me if I'm wrong, but you are in Virginia right? if so, guideline amounts are here: http://law.lis.virginia.gov/vacode/title20/chapter6/section20-108.2/ The chart is based on combined income of parents. The guideline support gets divided pro-rata. You can ask for other things, like division of extracurriculars (I'm sure those sports fees add up). Court will decree division of unreimbursed medical costs. Work related child care etc. Are you modifying an existing decree or getting a new one? Link to comment Share on other sites More sharing options...
Dont Taze Me Bro Posted October 26, 2016 Share Posted October 26, 2016 I just realized that he is filing for a lump sum (at least I think thats what he is stating). If that is the case Code, ask for every cent she didn't pay over the 8 years based on the rate the court set back in 2008. So if she didn't pay at all, then ask for the $31,680, plus what she owes going forward because of her new job. Don't low ball yourself. I would imagine the worst they can say is no to that amount and award you what "they" think is the fair amount for back payments over the past 8 years. Link to comment Share on other sites More sharing options...
codeorama Posted October 26, 2016 Author Share Posted October 26, 2016 No, I'm not filing for a lump sum, I just want a monthly payment to begin. She doesn't contribute and never has. She barely spends 100 dollars a year on him. Link to comment Share on other sites More sharing options...
Xameil Posted October 26, 2016 Share Posted October 26, 2016 Hey code. good to see ya. As others have stated, talk to your lawyer. you deserve the state mandated amount and medical expenses. I know on NY it's a pretty clear cut thing. 17% your gross, and then a percentage of the combined earnings for medical and daycare costs. Link to comment Share on other sites More sharing options...
Dont Taze Me Bro Posted October 26, 2016 Share Posted October 26, 2016 20 minutes ago, codeorama said: No, I'm not filing for a lump sum, I just want a monthly payment to begin. She doesn't contribute and never has. She barely spends 100 dollars a year on him. Ok, cool. I was just about to post to not listen to my advice if going for a lump sum and highly suggesting getting an attorney for that instead of representing yourself without any legal counsel. I remember a former co-worker of mine got destroyed in court over back child support pay. She was the mother, three kids, had been divorced for about a year or so. Children were living with her and out of the blue her ex stopped paying child support. He told her that he was unemployed and trying to start up his own business and couldn't pay. She put up with it for a while and then got sick of it, took it to court in SC. I think it was less than a year of payments. She couldn't afford an attorney and his new live in girlfriend paid for his. She said the judge told her that it was a very poor decision to represent herself instead of hiring an attorney. She told him she couldn't afford one and had no choice. Judge ruled in favor of her ex and she didn't get one dime of back pay. Link to comment Share on other sites More sharing options...
codeorama Posted October 27, 2016 Author Share Posted October 27, 2016 19 hours ago, Xameil said: Hey code. good to see ya. As others have stated, talk to your lawyer. you deserve the state mandated amount and medical expenses. I know on NY it's a pretty clear cut thing. 17% your gross, and then a percentage of the combined earnings for medical and daycare costs. Thank you. I'm leaning towards just bringing my pay stubs to the court when I file and letting them determine the amount. If for no other reason, she has to show up for court or just agree to the amount. Link to comment Share on other sites More sharing options...
Kosher Ham Posted October 27, 2016 Share Posted October 27, 2016 If she doesn't go to court. The court will decide what is reasonable anyway. I have a buddy that paid 50 bucks a week (granted this was 15+ years ago). Seemed pretty reasonable to me. Same type of situation, ex just wanted a little help. Good Luck Bro. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.