[it8ez2b]

Hey I recently was put on child support by my ex. The amount that was calculated I can't afford unless I sell my house or auto. Is it anyway or anything I can do to make my payments lower? Ex. Joint custody, etc.

Oh I am located in Alabama

[stinawords]

Part of it depends on how recently the order was made. Some states won't allow a review for a couple of years. You can file for joint physical custody and as long as you and your ex are in the same area (school district for slightly older children) then a judge might award you with joint custody. That would generally lower if not cancel support. How far apart to you and your ex live? Also has it been a while since the order was made or was it with in the last couple of months?

[it8ez2b]

Thanks! It has been 2 weeks. My first payment is due next month. My ex stays about 50 miles from me. I almost always get him every other weekend. Now with the increase in child support and high gas prices I can't even afford to travel there and get him.

[cdad]

You can contest the amount by filing an appeal but your going to have to have strong legal grounds to do so. Why do you think its too much ?

[this8384]

You can try to prove hardship based on the amount of support you've been ordered to pay. However, my husband tried that when he got divorced; he explained that after rent, food and child support he would have less than $50 a week. The judge said it wasn't his problem and told him to go get a second job.

Custody has nothing to do with the amount of support that you pay; custody is your right to make decisions for the child until they reach the legal age. Support is calculated by your amount of income and the approximate cost of raising the child(ren).

[GV70]

Yes-why not??
American court system sucks.
He Earns $1,600 a Month, the Child Support Order Is for $2,000 a Month–and the Media Doesn't Notice
Brooklyn, New York–OK, bakery worker Robert Sean Myers .
A court obligated him to pay $2,000 a month in child support for one of the kids on an income of only $1,600 a month. Now he's being vilified as a “deadbeat.” Gee, any idea why he's behind on his payments?

[stinawords]

Custody has nothing to do with the amount of support that you pay; custody is your right to make decisions for the child until they reach the legal age.

There are two types of custody. Physical Custody is how much time the child spends with each parent. This can have a large part of how much support is paid if you gain more Physical Custody. Howeve because you live so far away it isn't likely that you will be able to gain enough to make a difference. Legal custody is having a say in how the child is raised.

[GV70]

The judge said it wasn't his problem and told him to go get a second job..

Would you like to give us the judge's name??

[this8384]

There are two types of custody. Physical Custody is how much time the child spends with each parent. This can have a large part of how much support is paid if you gain more Physical Custody. However because you live so far away it isn't likely that you will be able to gain enough to make a difference. Legal custody is having a say in how the child is raised.

I was always told that time spent with the child is placement, not custody. Example: my stepkids mom has primary placement and my husband gets visitation with them every other weekend; however, they have joint custody and they are both allowed to make - quote - "major decisions regarding the minor children...including but not limited to....right to marry, obtain a driver's license, etc."

[this8384]

This is from the Wisconsin DWD website:


Child Support Guidelines
The Child Support Guidelines are based on:

• parent's income
• how much time a child spends with each parent
• whether a parent is supporting other children

So when I say that custody is not a factor in the amount of support that is ordered, I am referring to CUSTODY, not the physical placement of the children.

[Fr_Chuck]

If I missed this, where you there at the child support hearings, did you submit your W2 and/or pay stubs to prove your pay? Also what is your income and how much did you get ordered to pay?

[cdad]

There are two types of custody. Physical Custody is how much time the child spends with each parent. This can have a large part of how much support is paid if you gain more Physical Custody. Howeve because you live so far away it isn't likely that you will be able to gain enough to make a difference. Legal custody is having a say in how the child is raised.

I have to disagree with stina on this one. ( sorry ). But there can be ways to get more time that makes a big difference. Time like alternate vacation times ( winter break and spring break ) Also getting them for the summer 6 weeks in a row or more. That way it cuts down on the travel time and the hassle of getting them to school when you live at a distance. Those times can count also and make for custody on more like a 80 / 20 or 70 / 30 basis dramatically affecting child support.

[cdad]

This is from the Wisconsin DWD website:


Child Support Guidelines
The Child Support Guidelines are based on:

• parent’s income
• how much time a child spends with each parent
• whether a parent is supporting other children

So when I say that custody is not a factor in the amount of support that is ordered, I am referring to CUSTODY, not the physical placement of the children.

This is a matter of semantics for which I assume is a regional thing. In cali its called custody. In most legal areas its called custody.

To Quote stinawords:

" There are two types of custody. Physical Custody is how much time the child spends with each parent. This can have a large part of how much support is paid if you gain more Physical Custody. However because you live so far away it isn't likely that you will be able to gain enough to make a difference. Legal custody is having a say in how the child is raised. End quote

Otherwise why wouldn't they call it legal placement ?

So the wording might be different but the same thing applies.

[this8384]

JH123 disagrees: wisconsin is not the whole world

Did I say Wisconsin was the whole world? No, I did not. I was pointing out what the difference is between custody and placement by quoting the guidelines from MY state. I never once said that this is the law everywhere. Pay attention before you start slapping red boxes on people.

[this8384]

This is a matter of semantics for which I assume is a regional thing. In cali its called custody. In most legal areas its called custody.

...otherwise why wouldnt they call it legal placement ?

So the wording might be different but the same thing applies.

I get what you're saying; I think the problem here is a whole "You say to-may-to, I say to-mah-to" thing. My husband's divorce papers clearly spell out either "custody" or "placement"; they don't refer to "physical custody" anywhere in the agreement. So if I say "custody" I mean parental rights, not visitation. This is what led to the whole "custody doesn't affect your payment amount" statement that I made earlier.

Obviously, if Parent A has the kids every single weekend, their payments will be less because their out-of-pocket expense will be more. The less time Parent B has the children, the less they will need financially to support the children because Parent A will be feeding them, housing them, etc.

[it8ez2b]

OK my income is about 2100 a month. I am ordered to pay almost 500 dollars. However, I took on the house and the cars.

[it8ez2b]

Oh thanks also guy!

[this8384]

Did you "take on" the house and cars as in, you got them in your divorce settlement? This should have all been considered prior to any agreement being signed; someone had to pay for them and someone needs to support the children, as well.

$500 out of $2100 really isn't that much. When my husband got divorced, he made $1600 beofre taxes every month and was ordered to pay $400. Like others have asked, how long ago was this order put through?

[GV70]

Did I say Wisconsin was the whole world? No, I did not. I was pointing out what the difference is between custody and placement by quoting the guidelines from MY state. I never once said that this is the law everywhere. Pay attention before you start slapping red boxes on people.

My husband's divorce papers clearly spell out either "custody" or "placement"; they don't refer to "physical custody" anywhere in the agreement. So if I say "custody" I mean parental rights, not visitation. This is what led to the whole "custody doesn't affect your payment amount" statement that I made earlier.

In more than 40 states there is a LEGAL TERM "Physical custody." For example-Pa
§ 5302. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child."
Any unemancipated person under 18 years of age.
"Legal custody."
The legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions.
"Partial custody."
The right to take possession of a child away from the custodial parent for a certain period.
"Physical custody."
The actual physical possession and control of a child.
"Shared custody."
An order awarding shared legal or shared physical custody, or both, of a child in such a way as to assure the child of frequent and continuing contact with and physical access to both parents.
"Visitation."
The right to visit a child. The term does not include the right to remove a child from the custodial parent's control
Wisconsin Statutes-Chapter 822
822.02(3)
(3) "Child custody determination" means a judgment, decree, or other order of a court providing for legal custody, physical custody, or visitation with respect to a child.


Pay attention before you start posting on LEGAL BOARDS!!!!!
YOU HAVE TO LEARN AND USE THE LEGAL TERMS IN CORRECT WAY!



"I was always told ...So if I say "custody" I mean ..."What a "great" legal knowledge!

this8384 disagrees: Don't post another story agreeing with me and then disagree with me in the same question.
Bah-I agreed with OP-I have never told that I agree with you.

[GV70]

Administrative Office of Courts
According to Al law you have to pay $331 as CS.You may be required to pay health insurance,too.