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-   -   Is child support manditory (https://www.askmehelpdesk.com/showthread.php?t=185793)

  • Feb 19, 2008, 09:44 AM
    droudebush
    Is child support manditory
    My wife earns an avg. of 220,000.00 a year. I am a stay at home dad, have not worked in eight years. I'm 53 years old my son is 4, my daughter is 11. Will I still have to pay child support. We live in the state of IL.
  • Feb 19, 2008, 09:46 AM
    ScottGem
    Child support is often the result of a negotiation of the divorce decree. Given you situaton (and a good lawyer), you should get custody and she should have to pay support.
  • Feb 19, 2008, 09:46 AM
    bEaUtIfUlbRuNeTtE
    HOLY CRAP! Your wife makes that much? I'm assuming you are divorced/not together.

    Do the children live with her most of the week?
  • Feb 19, 2008, 09:55 AM
    droudebush
    We are in the process, we still all live together. Where would I go ?
  • Feb 19, 2008, 09:59 AM
    ScottGem
    You NEED an attorney. With her income, she will hire someone high priced, you need to protect yourself.
  • Feb 19, 2008, 10:02 AM
    bEaUtIfUlbRuNeTtE
    Well the way I see it, is the judge will see you as a devoted father and the wife brings home the bread so he might not make you pay child support.

    But I could be wrong.

    I think you need to get a job because divorce is pricey. Plus, if you and the children are depend on her now and after the divorce you will no longer be, uh get a job if you want to support you and your kids.
  • Feb 19, 2008, 10:06 AM
    ScottGem
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE
    Well the way I see it, is the judge will see you as a devoted father and the wife brings home the bread so he might not make you pay child support.

    But I could be wrong.

    I think you need to get a job because divorce is pricey. Plus, if you and the children are depend on her now and after the divorce you will no longer be, uh get a job if you want to support you and your kids.

    Umm would you give the same advice to a woman getting divorced? While its possible that the OP might have to go to work, its certainly not a given. If a man has to pay alimony and support for his homemaker housewife and kids, then why shouldn't the OP's wife do the same?
  • Feb 19, 2008, 11:31 AM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by ScottGem
    Umm would you give the same advice to a woman getting divorced? While its possible that the OP might have to go to work, its certainly not a given. If a man has to pay alimony and support for his homemaker housewife and kids, then why shouldn't the OP's wife do the same?

    I suggested to him that because of the divorce, he would most likely have to get a job to support himself and his children. Just as if a woman were to do the same.


    Yes, I agree that it should go for both sexes but I am saying that the wife will probably not support the husband, just the children. That is why I suggested a job, for him.
  • Feb 19, 2008, 12:22 PM
    ScottGem
    You are missing the point. If the roles were more traditional would you have advised the wife to go out and get a job or would you have expected the husband to support her?
  • Feb 19, 2008, 12:38 PM
    bEaUtIfUlbRuNeTtE
    OHHH I see what you are saying!

    I would most definintely advise the woman to get a job as well.

    Since this isn't a very traditional society anymore, both men and women should be able to support themselves.

    I believe that the wife, by all means should be paying support because she is making more income but this is also depending on who the children lives with more. In my parents case, my father pays support, because my sister lives with my mom most of the week/month/year... whatever.

    Since the child support issue hasn't risen yet, the OP is only asking what should be done and that's what I think.
  • Feb 19, 2008, 12:40 PM
    ScottGem
    I think the OP is better off getting a good lawyer who can get him alimony and child support.
  • Feb 19, 2008, 12:50 PM
    bEaUtIfUlbRuNeTtE
    With the money she is making? He definintely would!
  • Feb 19, 2008, 01:07 PM
    katrina27
    Who is to get custody of children? If they remain in your care, I think she will be paying you child support. As she is the main earner I think even if she has kids, she will have to pay you allimony.
  • Feb 19, 2008, 01:09 PM
    katrina27
    Quote:

    Originally Posted by droudebush
    My wife earns an avg. of 220,000.00 a year. I am a stay at home dad, have not worked in eight years. I'm 53 years old my son is 4, my daughter is 11. Will I still have to pay child support. We live in the state of IL.

    But morally u should want to pay for half of everything your kids need anyway
  • Feb 19, 2008, 02:00 PM
    Fr_Chuck
    To answer this, first if you are the primary care giver ( stay at home dad) why are you not getting custody of the children?

    But if she gets custody, yes, they will use a state formula, they will ender her wages, and your wages ( or none ifyou are not working) and come up with a figure, often some states have a mim amount if you have no income and the such. So to answer this, if she gets custody , yes you will still be paying some child support.
  • Feb 19, 2008, 07:53 PM
    ScottGem
    Quote:

    Originally Posted by katrina27
    but morally u should want to pay for half of everything your kids need anyway

    Why? If the wife has been the wage earner and the OP has been the caregiver then why should he be a wage earner? That is very chauvinistic.
  • Feb 20, 2008, 07:17 AM
    bEaUtIfUlbRuNeTtE
    I think Katrina27 was speaking about after the divorce not during marriage. She was just saying morally and 'what's right'. Usually it is the father who brings home the bread but in this case it is the opposite, so there is no harm in the woman supporting the kids and the father being the caretaker. We live in such a sexist society ScottGem that I think arguably, the man will have to end up paying. Sadly that is the way this world turns.
  • Feb 20, 2008, 07:27 AM
    ScottGem
    Quote:

    Originally Posted by bEaUtIfUlbRuNeTtE
    I think Katrina27 was speaking about after the divorce not during marriage. She was just saying morally and 'what's right'. Usually it is the father who brings home the bread but in this case it is the opposite, so there is no harm in the woman supporting the kids and the father being the caretaker. We live in such a sexist society ScottGem that I think arguably, the man will have to end up paying. Sadly that is the way this world turns.


    Why is it morally right for the parent who has stayed home and cared for the kids to now have to go to work because the marriage is ending? Of course it might depend on WHY the marriage is ending. Something we don't know. But if we assume that the wife in the OP's case is ending it, then why would it be any less morally right for him to get alimony and support then it would be if the gender roles were reversed?

    Yes, we do live in a chauvinistic society. And yes a situation like this where the traditional gender roles are reversed represents a uphill climb. But telling the OP that morally he should want to pay half just promotes the chauvinism. And is just plain wrong In my opinion.

    Bottom line here is that the caregiver should be supported in continuing to give care. It should not matter whether that care giver is male or female. Whatever the realities of our legal system, the OP should be operating on a gender neutral basis.
  • Feb 20, 2008, 07:40 AM
    bEaUtIfUlbRuNeTtE
    Quote:

    Originally Posted by ScottGem
    Why is it morally right for the parent who has stayed home and cared for the kids to now have to go to work because the marriage is ending? Of course it might depend on WHY the marriage is ending. Something we don't know. But if we assume that the wife in the OP's case is ending it, then why would it be any less morally right for him to get alimony and support then it would be if the gender roles were reversed?

    Yes, we do live in a chauvinistic society. And yes a situation like this where the traditional gender roles are reversed represents a uphill climb. But telling the OP that morally he should want to pay half just promotes the chauvinism. And is just plain wrong IMHO.

    Bottom line here is that the caregiver should be supported in continuing to give care. It should not matter whether that care giver is male or female. Whatever the realities of our legal system, the OP should be operating on a gender neutral basis.

    ... which I totally agree with you on this one. I get so peeved when I come into contact with a sexist person. They need a wake up call into TODAY, not the 1800's. What I suggested before was that he might have to get a job if the wife is no longer going to support him, if she does. Do you get what I mean?
  • Feb 20, 2008, 08:18 AM
    ScottGem
    Like I said, he should spend his effort on a good lawyer that will get him a settlement where he doesn't have to get a job.

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