• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

cell phone and child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

buttons077

Junior Member
What is the name of your state (only U.S. law)? nj and pa
Does anyone know how the court considers the obligor pays a childs
cell phone bill which is in the obligors name. He wants to deduct that out of child support? The master allowed this...not sure why its not fair that he decides what to pay for now if the child doesnt live with him.
Any experiences with this...would be appreciated.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? nj and pa
Does anyone know how the court considers the obligor pays a childs
cell phone bill which is in the obligors name. He wants to deduct that out of child support? The master allowed this...not sure why its not fair that he decides what to pay for now if the child doesnt live with him.
Any experiences with this...would be appreciated.
Huh?? Could you post in comprehensible English?:confused::confused:
 

buttons077

Junior Member
sure...sorry lol
The other parent paying support... brought up in the masters conference for his very downward modification hearing about the cell phone that my child uses.
He the obligor pays for his cell phone under his plan.
He used this as one of the criterias to reduce his amount. And the master
allowed it. So, I'm wondering how and why this can happen.
The amount of support was only at 200 a month to begin with.
 

sandyclaus

Senior Member
sure...sorry lol
The other parent paying support... brought up in the masters conference for his very downward modification hearing about the cell phone that my child uses.
He the obligor pays for his cell phone under his plan.
He used this as one of the criterias to reduce his amount. And the master
allowed it. So, I'm wondering how and why this can happen.
The amount of support was only at 200 a month to begin with.
Does your court order require that Dad pay for the child's cell phone? If not, and he is voluntarily doing so, that could account for less money to pay for the child support obligations.

IMHO, a child does not require a cell phone. But if the master decides it is a permissible expense, then you have no choice but to go with it.
 

LdiJ

Senior Member
Does your court order require that Dad pay for the child's cell phone? If not, and he is voluntarily doing so, that could account for less money to pay for the child support obligations.

IMHO, a child does not require a cell phone. But if the master decides it is a permissible expense, then you have no choice but to go with it.
I don't disagree, but heck, it makes no sense to me whatsoever that the master would give someone a downward deviation because they pay for a cell phone for the child. They could easily cancel the cell phone. Therefore I would tend to appeal that one to the actual judge...assuming that the cell phone wasn't a necessary component (and free due to the family plan) of communication between the parent and child.
 

buttons077

Junior Member
thanks

The fact of the matter is he has done everything to avoid paying child support and has repeatedly suspended the case and it was reopened. Do to him not showing up from time to time for a follow up.
He claims hes disabled and has been denied SSDI 3 times and lost his appeal.
All of his bills are paid for but he doesnt want to pay for his child.

Thank you both for replying with your opinion
 

Alex1176

Member
I don't disagree, but heck, it makes no sense to me whatsoever that the master would give someone a downward deviation because they pay for a cell phone for the child. They could easily cancel the cell phone.
Canceling can be quite costly if it's less than 2 or 3 years after the plan started.

Therefore I would tend to appeal that one to the actual judge...assuming that the cell phone wasn't a necessary component (and free due to the family plan) of communication between the parent and child.
In nowadays it becomes a necessary item, because of all the dangers, pedophiles, etc. But I really don't think that a child needs more than a 9.99 prepaid phone from Bestbuy.
 
Last edited:

mistoffolees

Senior Member
Does your court order require that Dad pay for the child's cell phone? If not, and he is voluntarily doing so, that could account for less money to pay for the child support obligations.

IMHO, a child does not require a cell phone. But if the master decides it is a permissible expense, then you have no choice but to go with it.
I think the world has changed a lot since you were a kid. OP didn't say how old the child is, but there are plenty of circumstances where it really is important.

For example:
- Parent is supposed to pick child up at school (or after-school care) and is delayed for some reason. With a phone, they can let the child know to sit tight or give other instructions.
- School schedules play practice (or extra basketball practice or whatever) and kid will not be ready to go when school lets out. A cell phone saves the parent a couple of hours of waiting at the school.
- Kid goes to a friend's house and there's something going on that they are not comfortable with (parents fighting, heavy drinking, drugs, etc). They may not want to ask to use the family phone, but with a cell phone, they can call for help
- 9-1-1
- Child was given permission to go with a friend to Starbucks after school and parent forgot. Went to school and kid wasn't there. Instead of frantically searching every inch of the school and calling the police, a quick phone call resolved the problem.

My daughter has had a cell phone since she was 10, IIRC, and it has helped with several of the above circumstances. I agree that a cheap, prepaid phone is all that's really required, but I don't think the 'Kids don't need a cell phone' viewpoint is all that valid any more.

I agree with the rest of what you wrote, though.
 

buttons077

Junior Member
cell phone

Hi, I don't disagree with my kid having a cell phone at all. Its not about that its about how he can call all the shots in this case. For instance, if I recieved the proper amount of support than I could provide the phone. Its just another way for him to replace child support. His house was paid off during the time my case was suspended and he went on a vacation with my child for a week that cost over 5000. I provide more transportation than he does I drive 60 miles to meet him he drives 37. I have asked him to help with clothes and or gifts and school supplies and he doesnt cooperate.
He doesnt even have a letter from his docter stating he is disabled it was all hearsay.
This case has been a nightmare for me for almost 8 years. I cannot even get legal aid...since the case is stuck in another state.
 

TheGeekess

Keeper of the Kraken
Hi, I don't disagree with my kid having a cell phone at all. Its not about that its about how he can call all the shots in this case. For instance, if I recieved the proper amount of support than I could provide the phone. Its just another way for him to replace child support. His house was paid off during the time my case was suspended and he went on a vacation with my child for a week that cost over 5000. I provide more transportation than he does I drive 60 miles to meet him he drives 37. I have asked him to help with clothes and or gifts and school supplies and he doesnt cooperate.
He doesnt even have a letter from his docter stating he is disabled it was all hearsay.
This case has been a nightmare for me for almost 8 years. I cannot even get legal aid...since the case is stuck in another state.
So? What are YOU doing to expand your own earning ability? What are you doing to cut your own expenses? Mayhaps Dad has followed the beans-n-rice method of building wealth.

So, yeah, now you're just whining. :cool:
 

tuffbrk

Senior Member
I'm not sure if your case was heard in NJ or PA but quite often in NJ if the residential parent does not have a house phone number, cell phone costs paid by the non-residential parent are considered to be a necessity in order to communicate freely with the child. thus, the cost is taken into consideration.
 

buttons077

Junior Member
to the person who said

what am I doing to earn more money...excuse me...but I just became disabled with a horrible disease and lost my job over 2 years ago.
Watch who you judge! The other parent has put all the burdens on me and I was the only one earning income with primary custody. I have bought everything my child needs from clothes, housing, food, transportation, etc...bday gifts ..
 

buttons077

Junior Member
to touchbrk

the case has always been in PA..it cannot be transferred to my state which again has been difficult for me to do anything. I have never taken him to court he always took me to suspend the case or just pay the very least amount. I went several years without any support at all.
like I said before, I don't disagree with the cell phone. What I disagree with is that HE is whinning and constantly coming up with excuses on why he shouldnt pay. I just spoke to the masters secretary today and she said He did not bring in a docters note stating hes disabled. So, why can't a judge order him to look for work. He stopped working when I left 8 years ago. Meanwhile, all of his bills have been paid all along...
Most of my friends who are the primary parent complain about their child support all the time when they get it!!!
 

CJane

Senior Member
I think the world has changed a lot since you were a kid. OP didn't say how old the child is, but there are plenty of circumstances where it really is important.

For example:
- Parent is supposed to pick child up at school (or after-school care) and is delayed for some reason. With a phone, they can let the child know to sit tight or give other instructions.
- School schedules play practice (or extra basketball practice or whatever) and kid will not be ready to go when school lets out. A cell phone saves the parent a couple of hours of waiting at the school.
- Kid goes to a friend's house and there's something going on that they are not comfortable with (parents fighting, heavy drinking, drugs, etc). They may not want to ask to use the family phone, but with a cell phone, they can call for help
- 9-1-1
- Child was given permission to go with a friend to Starbucks after school and parent forgot. Went to school and kid wasn't there. Instead of frantically searching every inch of the school and calling the police, a quick phone call resolved the problem.

My daughter has had a cell phone since she was 10, IIRC, and it has helped with several of the above circumstances. I agree that a cheap, prepaid phone is all that's really required, but I don't think the 'Kids don't need a cell phone' viewpoint is all that valid any more.

I agree with the rest of what you wrote, though.
I disagree only because NONE of that is new, and cell phones are. We all survived growing up without an umbilical. Our kids would too.

Both of my older kids (11 and 15) have cell phones because it's only an additional $10/month to add a line to my account and I consider that to be inconsequential, but if it cost much more than that, they'd have to make due.

And right now, Unruly's is broken. It won't be replaced until it's time for an upgrade (next month).
 

buttons077

Junior Member
I have no idea what he pays for the cell phone. My kid doesnt use it for school or activities. It is only used at home a few times a week.
Again, Im not opposed to him having a cell phone. I just dont understand why all of a sudden without a bill infront of a master can they make it an issue to reduce the support. He barely paid anything at all this time around.
In other words, if the NCP wants to pay for a phone, shouldnt that person pay for half of the childs clothing, school supplies, etc etc...
Why does he get to choose...when a cell phone might only cost another 10.00 a month...compared to all the other childs needs.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top