Child Support Non-Custodial

[TwoNursesInLove]

Hey guys. I keep my child for every other weekend, Fri 6pm to Sunday 6pm. We also take turns on holidays: Easter, Halloween, Thanksgiving & Christmas.

The custodial parent currently has no job. So the income is $0. I, as am in school working a part time job, make $580/mo. The custodial parent has no daycare or insurance expenses. My son is 6 years old and does soccer in the summer with the custodial parent.

About how much should I be looking at for child support? Currently, we do $110/mo with or without him having a job, because that's what all the child support calculators say but I want to make sure it's a fair amount.

Thank you all.

 

[ElleMD]

There is no one correct answer. $110 is very low and not going to cover much of anything. If you are limiting your hours and pay, you might find that a court bases your expected support amount on what you could be making. Working PT and going to school might be ideal, but it isn't going to support the child, which is the court's main concern.

 

[TwoNursesInLove]

Gotcha, the father doesn't have a job momentarily and doesn't work at all during school so I'm just not sure how the court would see that? Would they make me pay extra?

 

[TwoNursesInLove]

There is no one correct answer. $110 is very low and not going to cover much of anything. If you are limiting your hours and pay, you might find that a court bases your expected support amount on what you could be making. Working PT and going to school might be ideal, but it isn't going to support the child, which is the court's main concern.

. about how far back do they look? I used to make about $600 per every two weeks. That was three years ago when I worked nights and when I wasn't in school. Ever since I've had relatively low pay, no more than 8.25/hr and part time.

 

[ElleMD]

His working or not has very little bearing on you owing support for your child. Even if he were a millionaire, you would still owe support. they won't necessarily look back 3 years but they very well might compute what you owe based on FT hours. Your choice might be to work PT, but that does not mean that the support will be based on that choice. $110 isn't going to go very far at all.

 

[TwoNursesInLove]

His working or not has very little bearing on you owing support for your child. Even if he were a millionaire, you would still owe support. they won't necessarily look back 3 years but they very well might compute what you owe based on FT hours. Your choice might be to work PT, but that does not mean that the support will be based on that choice. $110 isn't going to go very far at all.

If they did calculate me to work full time, it wouldn't seem right for me to have to pay for all of my child's expenses, rather than half half if my ex isn't even working or only works part time as well. In Virginia it's supposed to be halved down the middle, as if the parents were both still together. So there's got to be some give, perhaps make the custodial parent work or something? Who knows...

 

[ElleMD]

No, it is not right down the middle or 50/50. The non-custodial parent is required to pay based on their ability to do so. You would owe whether the father was working or not. If he is a full time stay at home parent, the court isn't going to force him to get a job. He is raising the child. It is more common in reverse where the mother is the one who opts out of the workforce to stay home with the kid, but that doesn't change just because it is dad. Even if he gets a job, you are still going to owe support.

 

[TwoNursesInLove]

No, it is not right down the middle or 50/50. The non-custodial parent is required to pay based on their ability to do so. You would owe whether the father was working or not. If he is a full time stay at home parent, the court isn't going to force him to get a job. He is raising the child. It is more common in reverse where the mother is the one who opts out of the workforce to stay home with the kid, but that doesn't change just because it is dad. Even if he gets a job, you are still going to owe support.

That's not the issue where he's stay at home parent or anything, he simply cannot keep a job or does not like to work while in school. He went through at least 6 jobs in the past 2 years. And I don't mean split down the middle, but rather if I have a job, bringing in income, and he makes $0 because he doesn't have a job, then I would be paying for 100% of the bills. Or even if the court rules me to full time work support, if the father is working part time, I would still be paying for more than half of what the father is paying. So you see what I'm saying? My son stays with his grandma on his fathers side any time he needs to be watched when with his father, because his grandma doesn't work.

 

[army judge]

That's not the issue where he's stay at home parent or anything, he simply cannot keep a job or does not like to work while in school. He went through at least 6 jobs in the past 2 years. And I don't mean split down the middle, but rather if I have a job, bringing in income, and he makes $0 because he doesn't have a job, then I would be paying for 100% of the bills. Or even if the court rules me to full time work support, if the father is working part time, I would still be paying for more than half of what the father is paying. So you see what I'm saying? My son stays with his grandma on his fathers side any time he needs to be watched when with his father, because his grandma doesn't work.

You've gotten a couple responses. Your responses and explanations are best saved for the court. No one here has any authority to hurt or help you. Good luck.