# Child Support



## cpretty30 (Apr 1, 2016)

I love my husband he's an amazing husband, friend and father! He was paying child support before we got married however immediately after we were married his kids mom went and filed through the court for child support and now he's paying 1,468 monthly but only bring home 248.00. The financial stress is unbearable I'm considering divorce! Any advice???


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## IIJokerII (Apr 7, 2014)

cpretty30 said:


> I love my husband he's an amazing husband, friend and father! He was paying child support before we got married however immediately after we were married his kids mom went and filed through the court for child support and now he's paying 1,468 monthly but only bring home 248.00. The financial stress is unbearable I'm considering divorce! Any advice???


 More information would be helpful.


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## Hope1964 (Sep 26, 2011)

cpretty30 said:


> I love my husband he's an amazing husband, friend and father! He was paying child support before we got married however immediately after we were married his kids mom went and filed through the court for child support and now he's paying 1,468 monthly but only bring home 248.00. The financial stress is unbearable I'm considering divorce! Any advice???


So he's paying out 6x his take home pay in child support?? I assume that's a typo.

I think it's horrible to divorce a guy just because he's paying court mandated child support. Or are you considering divorce for tax reasons or something?

Has he hired a lawyer himself?


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## cpretty30 (Apr 1, 2016)

I know its horrible! The stress is overbearing. We can't afford an attorney! Been to CSE several times they won't help. We have been evited, lived with my mom, and about to be evicted again i already work 2 jobs i can't do much more...


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## cpretty30 (Apr 1, 2016)

And no its not a typo and he also has them on health insurance. I want him to take care of his kids but how are we suppose to live a descent life?


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## Hope1964 (Sep 26, 2011)

I think if I were in your situation I'd call the media and ask them if they'd do a troubleshooter episode or something on it.


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## cpretty30 (Apr 1, 2016)

I thought about that! Its a lot of father's thats really being treated unfairly because their no longer with they child's mom the state won't help smh


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## cpretty30 (Apr 1, 2016)

IIJokerII said:


> cpretty30 said:
> 
> 
> > I love my husband he's an amazing husband, friend and father! He was paying child support before we got married however immediately after we were married his kids mom went and filed through the court for child support and now he's paying 1,468 monthly but only bring home 248.00. The financial stress is unbearable I'm considering divorce! Any advice???
> ...


Sure he's child Support for 4 kids ruffly 420.00 for each child per month plus their on his health insurance he only has 238.00 bi weekly to live off we struggle a lot i do work 2 jobs im exhausted!!!


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## Malpheous (May 3, 2013)

Have a serious math problem there. CS is a percentage of a person's income. Meaning they can't really charge you more than you actually make. The only way they could possibly do that, that comes to mind, is if he were a Doctor and suddenly left that field for a career pumping gas. Then they would impute his income to his significantly higher earning potential based on his willful underemployment. I'm guessing, since that's not so common, that this isn't your scenario.

So... How much does he make a year? How many kids? What State? That info can get you a guesstimate on what the CS should be on the State's online CS calculator.


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## Kivlor (Oct 27, 2015)

Malpheous said:


> Have a serious math problem there. CS is a percentage of a person's income. Meaning they can't really charge you more than you actually make. The only way they could possibly do that, that comes to mind, is if he were a Doctor and suddenly left that field for a career pumping gas. Then they would impute his income to his significantly higher earning potential based on his willful underemployment. I'm guessing, since that's not so common, that this isn't your scenario.
> 
> So... How much does he make a year? How many kids? What State? That info can get you a guesstimate on what the CS should be on the State's online CS calculator.


Yes they can, especially if he took a pay cut. They can force you to pay what you were paying before, even though your income dropped.

Also, it's possible the new CS is based on the combined income of the OP and her H.

Or it's possible she means that after CS he's only got $250/month left.

We do need some clarification.


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## cpretty30 (Apr 1, 2016)

Hi guys he has 4 kids and pay approximately 423.00 montly per child after child Support, health Insurance for him and the kids he bring home about 230.00 per pay period we live in the state of LA and according to the child Support skill he is paying much more then he should we've written letters went talk to case workers and no results! I'm not encouraging him to not pay child support because they are his kids but it leaves me to try to run the household I fell overwhelmed!!! We don't have money to pay bills so we surely can't afford an attorney its not fair!! There's nothing left for us to do...


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## EleGirl (Dec 3, 2011)

using the numbers you gave us, I arrived at him earning $1,922 a month. I think that's a bit low because you said he also pays for insurance. So you can adjust it to what he actually earns.

(423 x 4) + 230 = $1,922 monthly income

Then I took the $1,922 amount and plugged it into the LA child support calculator. It says that his child support for 4 kids should be $711 a month. You can re-do it with the actual info/numbers.


Louisiana Child Support Calculator - AllLaw.com

Does he owe back child support? Is that why it's so high?

Also $423 a month for each child makes no sense because every child support calculation I've ever seen applies lessor percentages for each child.. the first one might be 10% of his income, the next child 8%, the third one 6% and so forth.

He can represent himself in court. Every state court system has self help offices plus there is a lot of into online for people to represent themselves.


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## Blondilocks (Jul 4, 2013)

"I think it's horrible to divorce a guy just because he's paying court mandated child support. Or are you considering divorce for tax reasons or something?"

Why is it horrible? The guy barely contributes anything to the household. Bills are going unpaid. Would you have her turn tricks between her two jobs to make ends meet?

Her husband has not fully investigated and gotten to the root of the high payment. Why isn't he working a second job? As it is he's just sponging off of her.


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## Maricha75 (May 8, 2012)

Blondilocks said:


> "I think it's horrible to divorce a guy just because he's paying court mandated child support. Or are you considering divorce for tax reasons or something?"
> 
> Why is it horrible? The guy barely contributes anything to the household. Bills are going unpaid. Would you have her turn tricks between her two jobs to make ends meet?
> 
> Her husband has not fully investigated and gotten to the root of the high payment. Why isn't he working a second job? As it is he's just sponging off of her.


Hold on here. You are reading more into this than she actually said. She is frustrated because the CS is so high. They have done all they know to do, to get to the bottom of it. You asked why he doesn't work two jobs. Did it ever occur to you that his hours may be such that it us virtually impossible to work a second job? 

I understand her frustrations. I have a good friend who is dealing with a similar issue. The only difference is her husband doesn't even try to look into it. In his case, he works 10-12 hour shifts, most weeks. They barely make ends meet at their house, because so much is taken out for CS for his two kids from his first marriage. But working a second job would be impossible, in his case. And her severe social anxiety prevents her from working outside their home... which sucks, since her education was for positions working with people. 

From what OP said, they HAVE been trying, but the frustration over it all is overwhelming. I wish I had ideas above and beyond what has been done. All I can suggest is going to the child support office again, and keep going until they actually listen.


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## Pam (Oct 7, 2010)

She said $230 per pay period, and I think she said that is twice a month. Not that it adds up at all, but just wanted to add that in.

I agree, he should be doing something, somewhere, to fix this situation.


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## Blondilocks (Jul 4, 2013)

Maricha75 said:


> Hold on here. You are reading more into this than she actually said. She is frustrated because the CS is so high. They have done all they know to do, to get to the bottom of it. You asked why he doesn't work two jobs. Did it ever occur to you that his hours may be such that it us virtually impossible to work a second job?
> 
> I understand her frustrations. I have a good friend who is dealing with a similar issue. The only difference is her husband doesn't even try to look into it. In his case, he works 10-12 hour shifts, most weeks. They barely make ends meet at their house, because so much is taken out for CS for his two kids from his first marriage. But working a second job would be impossible, in his case. And her severe social anxiety prevents her from working outside their home... which sucks, since her education was for positions working with people.
> 
> From what OP said, they HAVE been trying, but the frustration over it all is overwhelming. I wish I had ideas above and beyond what has been done. All I can suggest is going to the child support office again, and keep going until they actually listen.


Hey, hold on there yourself. My statements were based on hers. I asked why he wasn't working a 2nd job because she had not brought it up. You are offering up an excuse based on nothing other than your friends' set-up. 

Her husband has not gotten to the bottom of the excessive child support. He can whine to whomever he chooses but it isn't solving the problem. Has it occurred to you that if one job isn't cutting it then it's time to reevaluate that job?


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## Maricha75 (May 8, 2012)

Blondilocks said:


> Hey, hold on there yourself. My statements were based on hers. I asked why he wasn't working a 2nd job because she had not brought it up. You are offering up an excuse based on nothing other than your friends' set-up.
> 
> Her husband has not gotten to the bottom of the excessive child support. He can whine to whomever he chooses but it isn't solving the problem. Has it occurred to you that if one job isn't cutting it then it's time to reevaluate that job?


Actually, yours were based on Hope's reply to OP. As far as her husband reevaluating his current job, no, that isn't what I would be doing, either. Looking at the calculations, it DOES appear to be a well paying job. The problem is in how the support has been calculated. Since THAT is the issue, getting a different job, or even two, will only make it worse because the ex would have child support reevaluated herself, based on his higher income. Guess what will happen then. He will have to pay even more. That's why I suggested that they keep fighting with those in charge if child support there, until they finally get someone to actually listen to what has happened. 

But Hope's post makes sense, too. OP asked for opinions, and, Hope gave hers. I actually agree with her. I suspect that OP husband's ex did it because of OP income. They are likely including hers in the calculations, which increased the support amount. And, if that's the case, I would have a hard time saying "no, you shouldn't divorce him", especially if that would alleviate financial stress for BOTH of them. 

OP, I am curious about visitation, too. How often do you see his kids? Is there any possibility of 50/50 custody? I don't know how CS works in Louisiana, but I believe it can be reduced, here anyway, if the parents have 50/50 custody. If that is feasible, I would look into it.


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## SlowlyGoingCrazy (Jun 2, 2011)

cpretty30 said:


> I love my husband he's an amazing husband, friend and father! He was paying child support before we got married however immediately after we were married his kids mom went and filed through the court for child support and now he's paying 1,468 monthly but only bring home 248.00. The financial stress is unbearable I'm considering divorce! Any advice???


I'm assuming that when he was paying before you got married it was not through the courts and because of that, when she did file they added on all the previous years as backpay?
If this is the case, 
Does he have proof that he was paying her before the court order? He should have bank withdrawals or cheques or something that can help show he was paying before. 
How much of each payment is backpay vs. c/s? When will he be done paying the backpay?
Is he able to get a second job as well?


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## Kivlor (Oct 27, 2015)

EleGirl said:


> using the numbers you gave us, I arrived at him earning $1,922 a month. I think that's a bit low because you said he also pays for insurance. So you can adjust it to what he actually earns.
> 
> (423 x 4) + 230 = $1,922 monthly income
> 
> ...


IME CS is calculated off of gross. We know what the take-home for OP's H is, but it's difficult to calculate his gross without more info. 

I'll have to look up LA's "guidelines" but here it's not uncommon to have a % of gross taken out, plus require the H carry the medical and life insurance, along with some other expenses. It's easy for CS to take up a tremendous % of someone's net income, since it's calculated before taxes and taxable deductions, and isn't deductible itself.

Some base calculations with averages... 1968/month = 23,616/year + average family health premium of $4316/year = $27,932... Now, working in taxes, we have an income of ~$33,000/year.


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## Malpheous (May 3, 2013)

Kivlor said:


> Yes they can, especially if he took a pay cut. They can force you to pay what you were paying before, even though your income dropped.
> 
> Also, it's possible the new CS is based on the combined income of the OP and her H.
> 
> ...



I get that if he took an insane pay cut that could be the case. He could seek a reduction in court and may get a temporary stay. 

The OP is a legal stranger and unless the situation is that the OP is a surgeon, allowing the CS paying party to significantly lower their income, then the OP is not relevant. The OP's income has 0 legal bearing and isn't subject to calculation. Not without some extenuating circumstances. ie I make $75k a year. Divorce. Owe on 4 to ex. Remarry to someone making $300k/year. I stop working or go to very reduced income. Then my new spouse's income may be factored. To the point of imputed income at minimum wage.

Too much info missing.


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## GuyInColorado (Dec 26, 2015)

I make around six figures, stbx makes $50k. I have two kids and will pay around $650 a month. Doesn't make sense. If he can't afford it, stop paying. I sure would if it was unreasonable.


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## MJJEAN (Jun 26, 2015)

cpretty30 said:


> Hi guys he has 4 kids and pay approximately 423.00 montly per child after child Support, health Insurance for him and the kids he bring home about 230.00 per pay period


For those that are confused, I think the OP means that the $423 per month per child includes the children's health insurance.

Here's the thing. The state may have ordered that he provide the children health insurance, but they aren't setting the price for said insurance. His employer and the insurance company negotiated that. He might be financially better off to find another job with equal pay and less expensive benefits.


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## jb02157 (Apr 16, 2014)

GuyInColorado said:


> I make around six figures, stbx makes $50k. I have two kids and will pay around $650 a month. Doesn't make sense. If he can't afford it, stop paying. I sure would if it was unreasonable.


I have a similar situation and if I could get away with only paying that much I get divorced today. Lawyers have said that I would be paying 2 to 3K/month plus she gets the house. That's why I haven't filed.


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## cpretty30 (Apr 1, 2016)

We were paying but the agreement was 200.00 per child for 4 kids now its 463.00 per month becausevof his income we did keep all of our cashier check recipts but they never look at them we went to Child Support Enforcement several times for an adjustment no luck! No luck with visitation rights it just seems like the mom has the upper hand!!! My household expenses is over 2,000 a month he only contribute 460.00 that's still leaves me with roughly 1,600 to pay alone not included gas, grocery and household goods! He work 12 hour hifts 6 day a week no time for a 2nd job


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## Maricha75 (May 8, 2012)

cpretty30 said:


> We were paying but the agreement was 200.00 per child for 4 kids now its 463.00 per month becausevof his income we did keep all of our cashier check recipts but they never look at them we went to Child Support Enforcement several times for an adjustment no luck! No luck with visitation rights it just seems like the mom has the upper hand!!! My household expenses is over 2,000 a month he only contribute 460.00 that's still leaves me with roughly 1,600 to pay alone not included gas, grocery and household goods! He work 12 hour hifts 6 day a week no time for a 2nd job


In that case, I would do as another poster mentioned. Contact a problem solvers organization to see if they can help. My guess is you are not the only couple dealing with CSE/FoC not listening. And, it sounds li know e they are taking back child support, too. You have proof that, at the very least, partial child support payments were made before the courts got involved. 

Regarding the insurance, I would shop around, see if you can find something more affordable.


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## cpretty30 (Apr 1, 2016)

Insurance is not included for himself me and his 4 kids is 172.00 by weekly yes its sad to i say I have talk to several non custodian fathers and mothers who pays an unfair amount of child Support, some have good paying jobs but find themselves homeless living or with relatives or the get tired and go to jail its not fair they dont listen or try to help!!! We do have self help but we have to pay to have the custodian mom served thats 225.00 plus court cost and fees


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## Blondilocks (Jul 4, 2013)

You don't say what your husband does, but working 12 hour shifts six days a week should command higher pay. This is his problem and it is up to him to find a way out of it. You can only do what you can do since you are not the one legally required to pay the support.


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## Kivlor (Oct 27, 2015)

Blondilocks said:


> You don't say what your husband does, but working 12 hour shifts six days a week should command higher pay. This is his problem and it is up to him to find a way out of it. You can only do what you can do since you are not the one legally required to pay the support.


Yeah... This doesn't pass the smell test now that you bring it up.

even at 5 days of 12 hours, that would be 60/ week. Overtime of +50% (if he's not salary) would make it the equivalent of 88 hours/week in pay. Now... $33,000 / 52 weeks / 88 hours = $7/hour. He should be trying to find a better job if this is true. Maybe I miscalculated taxes...

He needs to get out of the CS situation. Of course, he probably can't do much other than represent himself. And if his XW has representation he's almost guaranteed to lose.


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