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child support issue 

Ok...I am the one who makes more money in our family.  I pay taxes, insurance premiums etc.  I heard through the grape vine that it is harder to get child support from an ex who does contract work and does not pay taxes bi-weekly.  Is this true?  I have received my first child support payment from him in 7 months.  He said "I gave your extra".  (He gives me money every month to stay on insurance plans and help with division of debt)

 

Am I crazy to think that this child support is "extra".  Should it not be expected.  He pays his portion of the debit to me.  But not child support.  I have now decided that child support needs to be court ordered and he is not happy.  How much harder is it to get the money through the courts?  Am I in an upward battle with this?  I feel like I am in a boxing match with this issue!!!  He makes more money than me now!!  $250 does not seem like a lot of support for two kids.  Need advice, pulling up my boot straps and getting tough with this issue and it sucks

by dyben  546 Posts 

Posted on 7/2/2008 5:49 AM 		Get AlertsGet Alerts!
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Comments for "child support issue"  (2) (You must be logged in to answer)

Something told me to go looking at journals tonight - normally I just stick to the board questions...

It can be substantially harder to get money from someone who does contract work - you can't do a wage garnishment, you have to rely on him giving you the check, and if he refuses to give you the full amount your only option is contempt of court...

He can fudge his taxes for a year or so and them go into court for a reduction in child support by shoing a significantly lower income. (even if he makes more - since he can end up doing work "under the table")

 

The way you have it now, you have no recourse if he stops paying you - so it would be in your best interest to have it court ordered, and make sure in the discovery phase you ask for every valid form of income verification from at the last 2 years back, 3 is better. It will show a pattern of earning which can possibly protect you if in the next year his income suddenly drops drastically after he is ordered to pay.

 

His paying for the debts is "extra" to a court of law - child ssupport - is mandatory.

I'm in court for one of my clients pretty much quarterly the past 4 years due to her ex and his self-employment.

by spaznskitz   3921 Posts
Posted on 7/3/2008 4:52 AM
0



There are online child support calculators that can help you figure how much it should be.It allows you to figure for insurance and any other income. Do a search for your state and child support calculators. 
 They will make you both show tax records. My bf had to turn in the last 2 years. He had to turn in pay stubs etc year to date. Since he works for my company and is considered "self employed" I wrote a letter stating how much his estimated income for this year will be.
 I would not have ANY agreement that didn't go thru the court. It will be better then you have a legal leg to stand on if he doesn't pay you.
From what I hear you don't have to cover him with insurance.
 Talk to your lawyer.
by mtnvly   2336 Posts
Posted on 7/2/2008 6:50 AM
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