Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Excessive Child Support demand (https://www.askmehelpdesk.com/showthread.php?t=205473)

  • Apr 13, 2008, 06:04 PM
    Josskacer
    Excessive Child Support demand
    I think that I am paying too much in child support. I am currently paying $400 dollars a month to my ex girlfriend. Her income is roughly double mine, I make about $1400 a month and I am a full time college student. In addition to her larger income my ex just inherited $250,000 from her grandmother. I have been paying this amount for nearly 2 years and have never been late or missed a payment. She recently informed me that she expects this amount to increase when my daughter turns 5. I can't afford an attorney and the child support calculators online give me anywhere from $-22 a month to $350. I don't know what to do, I am going to be majoring in Arabic and may be studying abroad for a year and I can't afford to pay this amount. Does anyone know if this sounds reasonable? If not how do I go about finding a pro bono attorney?
  • Apr 13, 2008, 06:18 PM
    Fr_Chuck
    If you are making 1400 a month, no the 400 sounds about normal.

    A lot will depend on your state, in some states the other party income does not matter it is based just on your income. In some there are also min amounts per child that is set so if your forumla is under that you still pay a min amount.

    All you can do is take her back to court and ask the court to lower it.
  • Apr 13, 2008, 07:19 PM
    cdad
    The fact that she inherited money from her GM doesn't affect child support. And like Fr_Chuck said its mostly going to depend on what state you live in.
  • Apr 13, 2008, 07:22 PM
    George_1950
    What you need to do is figure out a way to get custody of your child. Do you love and care for your daughter? Five year olds are a lot of fun.
  • Apr 14, 2008, 06:29 AM
    JudyKayTee
    Quote:

    Originally Posted by Josskacer
    I think that I am paying too much in child support. I am currently paying $400 dollars a month to my ex girlfriend. Her income is roughly double mine, I make about $1400 a month and I am a full time college student. In addition to her larger income my ex just inherited $250,000 from her grandmother. I have been paying this amount for nearly 2 years and have never been late or missed a payment. She recently informed me that she expects this amount to increase when my daughter turns 5. I can't afford an attorney and the child support calculators online give me anywhere from $-22 a month to $350. I don't know what to do, I am going to be majoring in Arabic and may be studying abroad for a year and I can't afford to pay this amount. Does anyone know if this sounds reasonable? If not how do I go about finding a pro bono attorney?


    That's about right on target in NYS.

    When you are overseas, majoring in Arabic, your daughter will still have to eat so that argument pretty much goes nowhere.

    If you feel strongly on the subject, file your own papers in your local Family Court Unit - you don't need an Attorney.

    (Your girlfriend's inheritance has nothing to do with what you are required to pay.)
  • Apr 14, 2008, 07:19 AM
    macksmom
    Bottomline is... child support isn't just some made up number that anyone can determine. Child support is determined by a simple spreadsheet in which your income and the mothers income is determined and lined up to a set amount for child support. It will not be raised unless income has changed. And even then, it doesn't automatically increase. Either you or the mother would have to actually file in court to have the child support re-evaluated.
  • Apr 14, 2008, 01:38 PM
    cdad
    macksmom.. FYI. It varies drastically from state to state. In some staes both incomes are considered and in others only the NCP income is considered. Also states like Cali use a complicated formula and as such it makes a mess of things. I truly wish child support were so simple but its not.
  • Apr 14, 2008, 01:43 PM
    JudyKayTee
    Quote:

    Originally Posted by califdadof3
    macksmom .. FYI. It varies drastically from state to state. In some staes both incomes are considered and in others only the NCP income is considered. Also states like Cali use a complicated formula and as such it makes a mess of things. I truely wish child support were so simple but its not.


    I think it's California that has the long, elaborate form - which they used to make you BUY and then fill out! The original NYS law was cut and dried - a certain percentage - but every year they add other factors in and it's also becoming complicated.

  • All times are GMT -7. The time now is 10:32 PM.