What do I do?

[daddybert]

If I have joint 50/50 custody of my kids with my ex-wife should I still be paying child support? I have been ordered to pay $640 a month for child support for my two kids plus I have to pay their health insurance which is an additional $250 a month. Does this make sense. The court is ordering me to pay about 43% of my gross income a month. I can't afford this. Meanwhile the mother has to pay nothing. We make about the same amount of money plus she doesn't have to pay rent because she is the manager at her apartment complex. I don't know what to do. The judge just tells me "oh well" Can someone tell me if what the court is doing is even legal? Any advice would be greatful. Thanks

 

[Duranie]

What state are you in? Did you google the state guidelines or do an online calculator to see what you should be paying? Are you at least able to claim the kids on taxes? Sounds like you need to see an attorney.

 

[lwpat]

An attorney can appeal the CS order. Doesn't sound like you should be paying CS but it is fact specific.

 

[Duranie]

It does sound excessive but its possible your state does not use the shared income formula, and if only your income is used, then you could be getting screwed. I would appeal it. that sounds alot if you have 50/50 custody and you pay insurance. Was her income used at all?

 

[daddybert]

thanks

I live in CA. Thanks for your your help. I'm going to google CA state's guidelines right now. The court didn't tell me anything about how they came up with this number. I don't have enough money for a lawyer. Im going to try to research what I can do a little more. Any more advice would be greatly appreciated.

 

[daddybert]

...

Also If I appeal can I get my money back from what I already paid? If indeed the court is screwing me?

 

[lwpat]

The reduction will probably be retroactive to the date of filing so you need to file as quickly as possible. In the meantime you have to continue paying and then get a refund if they lower the CS.

 

[daddybert]

info:

Who exactly do I file with? Do I go speak with the family law facilitator? It seems to me that everyone that works at the court I attend never wants to help. Also the orignal dissomaster stated that I had the kids 10% of the time, thats why I was paying $640.00 plus health insurance. But we went to court again and I now have my kids 50/50 legal and physical custody. I asked the judge if the child support could be lowered now that I have my kids back he said it was my duty. I know he meant as a "man" it was my duty. I did the calulations on the calulator provided by the Dept. Child Support of CA and basically she should be paying me $22. Because I have to pay $250 a month for health insurance. And another thing is based on the orignal dissomaster the incomes for her and I were way off. It stated I made a dollar more per hour then what I actually make and it stated $4 less per hour of what my ex acutally makes. Everytime I try to bring a point up in court Im not allowed to talk. I'm so lost and confused right now. What should be my next step???

 

[lwpat]

You need to file for a modification with the court. Unfortunately CS offices will almost never help a man. Talk to the clerk of court and ask if she will show you a similar case and then you can get a copy to follow.