Child support sent us into poverty!!!!

[flutterbye71105]

My husband has been taken back to CS court by his daughters mother 3 times in the past two years. The last time she filed for an increase her reason on the application was because my husban and I had just had a baby! Two years ago my husband was paying $48/week, then it went up to $78/week it is now at $128/week for ONE child that he has JOINT custody of. The mother is now earning $1900/month between her income from employment and the $500/month that she gets from us. My husband now brings home $198/week to support 4 people. We have filed appeals but they are always denied. What options do we have? We take care of all medical expenses and 55% of mom's daycare expenses (not that she has any, since I am a stay at home mom and I take care of my stepdaughter when she is sick or has no school on mom's days.) We also pay for all school supplies, fundraisers, projects and fieldtrips. Mom basically has no finacial responsibility for her own daughter. Any advice would be appreciated.

Also the mother has claimed the daughter on her taxes every year recieving the full earned income credit. She also lives with a man who pays all the household expenses so she has no bills to pay except for clothes for our daughter. Clothes which she NEEDS to buy from high end stores where jeans cost $45 per pair (for a 10 yr old girl) and she has admitted that she uses child support money to buy cigarettes! Yet we need public assistance just to buy food! I also feel that the magistrate is biased but don't know how to get a different magistrate assigned.

 

[Duranie]

What state are you in? Have you googled your states guidelines to see what they say? You are married to a man who pays child support, and since you had a child with him, you might have to go get a job. If money is tight look for some employment with hours that your husband can watch the baby. If she keeps getting CS raises, is he making more money? Spousal income doesnt matter, so what her husband makes is not used.

Another thing, all states guidelines are different. Your baby might be taken into consideration in some states but not all. Also moms income may or may not be used. CS does not count as her income, only her job.

Your husband might want to contact some fathers rights groups in his state or look for an attorney that might talk to him for free. He might be able to have someone review what he is paying.

 

[flutterbye71105]

Additional info

We are in NY state and no teh increases have not been b/c my husband got a raise the last time she took us back she stated that her reason for requesting an increase was because we have a baby. And I have looked into our state laws and that is part of the problem. The state law says that court ordered child support can not be set in an amount that would place the payer below federal poverty levels, but our order does and even though we filed an appeal showing that we were denied. I have read numerous articles written by law professionals regarding the fact that many judges make decisions based on their own opinions even when they go against state or federal laws. My issue is what can we do to show the court that this is an unjust ruling or get a new magistrate since we believe that our current magistrate is heavily biased.

 

[garykittrell68]

I guess things are calculated way diffrent in my home state (california) Maybe your husband could try to get a better custody ordrer giving him and you more custodial time with the child.......this should reduce cs payments.

 

[Duranie]

I am not aware of any law that makes it unconstitutional to force child support when the family is in poverty. Poverty level is determined by the size of the family and income. CS is still paid. It's not reasonable for you to be stay at home mom if your husband is supporting 2 families on only his income. Have you thought about getting a part time job at night? The rule of thumb is if you cannot afford the kids you pay child support on, don't have any more.

You also do not have to pay anything outside of CS like extra curricular, unless the order states.

Most CS jurisdictions only allow an review every 2 or 3 years.

Dad needs to call around to an attorney to see if someone will review what he pays and if a decrease is in order. If the state does not take into consideration your child, then that makes it really hard. I would call around until you find an attorney wiling to help you pro bono, but it might not be easy to find one.