[jteegarden]

Does anyone know what the calculations for a father of one child (age 4) and takes home approx. 600.00 every two weeks has half the rent 400.00 and because he is a convicted felon has to pay 100.00 a month in restitution. The state of virginia says he is to pay 510.00 per month for one child even if he only brings home 600.00 every two weeks with the bills he has. He resides in the state of North Carolina and only wants to do right by his daughter but won't be able to if he can't afford to help take care of his daughter

[LadyB]

Most states base their calculations on total income from both parents, so we would need the custodial parents income as well.

Here is a child support calculator for North Carolina NC Child Support Calculator by Rosen Divorce, North Carolina Divorce Law

[tawnynkids]

Just want to add it is legal for the state to take up to 1/2 of your total pay for child support. Like LadyB said it is also based on the custodial parents income, but it is also based on the number of deductions each parent can claim on their taxes, any hardship deductions allowed by the Court, any insurance premiums paid for the minor child by the non-custodial parent, and time percent spent with each parent. They do not calculate personal bills in the figure.

[jteegarden]

Most states base their calculations on total income from both parents, so we would need the custodial parents income as well.

Here is a child support calculator for North Carolina NC Child Support Calculator by Rosen Divorce, North Carolina Divorce Law

Thank you child's mother is reluctant to give her income and she also has two other children that aren't fathers. Sounds to me like he is being penalized because mother has other children by other men. He wants to take care of his child but is making it hard to do if the state takes 1/2 of his pay. He has been sending support from an agreement between the parents. Will dsce acknowledge this agreement? He just wants to do the right thing by his daughter

[LadyB]

Her other children shouldn't matter as she should be getting support from their father(s), as the support is only for the child/ren from a single relationship and most states require you follow their formula. He needs to get it formalized in court if at all possible (he would need an attorney), too bad if she is reluctant, she has to disclose her income to work this out.

Perhaps his Child Support Enforcement department has some information and guidance for him, they would probably find it a nice change of pace to hear from someone who actually wants to pay. I don't know if they will acknowledge private agreements, he needs to call and discuss it with them at least.

[jteegarden]

Just want to add it is legal for the state to take up to 1/2 of your total pay for child support. Like LadyB said it is also based on the custodial parents income, but it is also based on the number of deductions each parent can claim on their taxes, any hardship deductions allowed by the Court, any insurance premiums paid for the minor child by the non-custodial parent, and time percent spent with each parent. They do not calculate personal bills in the figure.

Will the court work with him? He is a convicted felon and trying to get his life in order and if he doesn't pay his restitution and they take 1/2 his pay then there is a possibility that he will have to return to prison and has 5 years hanging over his head and then what, he won't be able to support his daughter at all. This is not good that the father return to jail because he couldn't pay for his responsibility then his daughter will suffer. He only wants to do what is right but there should be some cooperation on both partys.

[jteegarden]

Her other children shouldn't matter as she should be getting support from their father(s), as the support is only for the child/ren from a single relationship and most states require you follow their formula. He needs to get it formalized in court if at all possible (he would need an attorney), too bad if she is reluctant, she has to disclose her income to work this out.

Perhaps his Child Support Enforcement department has some information and guidance for him, they would probably find it a nice change of pace to hear from someone who actually wants to pay. I don't know if they will acknowledge private agreements, he needs to call and discuss it with them at least.

I agree he should call the child support enforcement office here in viginia. He wants to take care of his daughter, but we both feel that the mother is trying to receive more than what is legally required for him to pay for his own daughter. Mother has bad two other children by different men and don't think he should be penalized for her misfortune. They do have an agreement that he send a specific amount twice a month to cover the daycare she attends each day which he is doing now the support office is saying he owes 510.00 something doesn't seem right.

[tawnynkids]

You say "the support office is saying he owes 510.00", which sounds like a child support case is already open with the agency that handles child support enforcement in that county. That being the case they will have had her income to assign any amount of child support. If you mean she is reluctant to provide it directly to him, well yes I am sure she is, she doesn't have to provide it to him, only the office handling the enforcement. Child support is a very complicated but precise amount based on very specific factors. His "hardships" are usually not counted as a rule. Nor are her extra children. A Court, meaning the Judge himself can allow a "hardship" on her account but that is almost never the case when the child support has been set by the Child Support Department themselves. Child Support issued by the Child Support Agency/Department is not really decided by the judge, so the judge doesn't actually ever see the figures. That is all done behind the scenes according to the state guidelines. It is a computerized program, they put in the figures for the formula and they get an amount. It is only put "in front" of the Judge for final signature to be an order. Only a judge will consider any extenuating circumstances and deviate from the state guidelines for child support. So no they probably won't take into consideration his "circumstances" but will simply go by the numbers alone.

p.s. I am sorry to say but there is almost never anything reasonable, logical, fair or just when it comes to family court.

[LadyB]

Here is the Virginia Calculator Child Support Obligation Calculator - Virginia Department of Social Services medical insurance costs and other factors are included.