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    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #21

    Dec 29, 2010, 03:14 PM

    Here are my questions:

    1) Has your income changed since the support order was entered two years ago?
    2) Are you currently paying any arrears or is the money you are paying strictly the current monthly amount of $319/month?
    3) Are you paying for just the one 18-year-old daughter or are there more children being accounted for in the monthly amount of $319?

    If you answer those three things, we'll be able to get you a better answer - rather than nonsensical bickering about whether you should/shouldn't have gotten pregnant.
    momoftriplea's Avatar
    momoftriplea Posts: 30, Reputation: 2
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    #22

    Dec 29, 2010, 04:14 PM
    This8384, My income has not changed. I am on disability. Arrears of $100/mth and $219/mth CS which I pay faithfully. He also gets $233/mth from my disability. He and his wife both are currently working making more than three times of what I bring in. He lied to the child support office and said neither he or his wife were working (I know he did because I was sitting right there when he said it. I tried to tell the worker but she blew me off.) My income runs $663/mth. I am now paying for one daughter. Our other daughter is 20 years old.
    momoftriplea's Avatar
    momoftriplea Posts: 30, Reputation: 2
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    #23

    Dec 29, 2010, 04:17 PM
    Thank you wondergirl
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #24

    Dec 29, 2010, 04:26 PM
    Quote Originally Posted by momoftriplea View Post
    This8384, My income has not changed. I am on disability. Arrears of $100/mth and $219/mth CS which I pay faithfully. He also gets $233/mth from my disability. He and his wife both are currently working making more than three times of what I bring in. He lied to the child support office and said neither he or his wife were working (I know he did because I was sitting right there when he said it. I tried to tell the worker but she blew me off.) My income runs $663/mth. I am now paying for one daughter. Our other daughter is 20 years old.
    If he is the primary custodial parent, it doesn't matter if he's working or not. Child support is based on the non-custodial parent's income, not on the custodial parent's income.

    Were you receiving disability at the time the support order was entered? Was your daughter also receiving disability payments?

    According to this:
    Tennessee Child Support Calculator - AllLaw.com
    Your monthly support payment without arrears should only be $139/month, not $219. Each state has set guidelines for basing child support. Something's not adding up; that's why I asked if your income changed.

    Does the order grant him extra money to pay for added expenses - medical, educational, etc?

    P.S. You said earlier your monthly income was $629 and now you're saying it's $663. If you'd give us factual answers, we can better assist you.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #25

    Dec 29, 2010, 04:30 PM

    Please don't use the comments feature to respond. It doesn't provide enough room for lengthy responses. Just scroll down to the Answer box.

    Here is another link you can try.

    Legal Aid Society of Middle Tennessee and the Cumberlands
    momoftriplea's Avatar
    momoftriplea Posts: 30, Reputation: 2
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    #26

    Dec 29, 2010, 04:41 PM
    This8384, yes and yes.
    momoftriplea's Avatar
    momoftriplea Posts: 30, Reputation: 2
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    #27

    Dec 29, 2010, 04:44 PM
    This8384, No the order does not grant him extra. As for the amount I am receiving, It is in the 600's. It is directly deposited into my bank account so I would have to go back and look on the statement.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #28

    Dec 29, 2010, 05:18 PM

    Then something is wrong. You're overpaying by $80 a month. I'd file for a modification.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #29

    Dec 30, 2010, 07:46 AM

    jenniepepsi finds this helpful : I'm confused, why did they use my income to decide what my daughters dad pays me then?
    Laws vary by jurisdiction. Typically, the NCP's income is the only one factored. However, when the child(ren) spend 25-50% of their time with the NCP, it's considered shared physical custody so the CP's income is also factored into the equation.

    That's how my husband's ex went from paying $185/week to $68/week - she gets the kids for the summer, but she's still going to be paying him child support for those months.
    momoftriplea's Avatar
    momoftriplea Posts: 30, Reputation: 2
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    #30

    Jan 15, 2011, 12:03 PM
    Child support obligations with child over 18 and disabled?
    I'm paying child support for my 18 year old disabled daughter. Round about, how long do I pay the child support? There is no order for me to pay child support after the age of 18.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #31

    Jan 15, 2011, 02:31 PM

    Depending on the disability it can be for her entire life. Also depends on the State.

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