Child Support from husband that only works 2 days per week.. sometimes less

[mAmAnda]

we are in NC.

My husband and I have been separated since 2March 2015. He was arrested for assault (on a female:me) and again for misuse of police officers / false 911 call. I have an ex parte pending DVPO next week.

We have child support hearing next week (same day as DVPO). He works two jobs, but they are incredibly inconsistent. He refuses to work at walmart or any other minimum wage job because "it looks bad on his resume". So his monthly income is about $800.

The online calculator for child support amount calculated that I would receive $58 from him each month.

In NC, is child support awarded based on the non custodial parents ability to pay? For example, he has two degrees, is a veteran and is well bodied/able to work a full time job. He just chooses not to (although according to him, he "can't find a job", even though when we separated, he got a construction job the next week because he *had* to...)

If he was working full time of 40 hours per week at minimum wage, he would be making $1,160 / month. Will the judges use that amount instead?

I am just in a bit of an internal panic. I have custody of our awesome little twins. I am a nurse and am returning to work, but it is still not enough to pay all the bills. I need him to provide financially more than $58 / month.

 

[torimac]

I can tell you from personal experience, do not count on child support. My ex has not paid in years and now owes over $75k in arrears.

I know it sounds harsh, but figure out a way to pay for living expenses on your own and count your blessings when CS does come in. Trim the budget, request for state services, whatever you can. My daughter and I spent many days with very simple meals, second hand store clothing, etc...while I finished my degree and got a better paying job. With twins, it definitely is not easy, but if you qualify for any assistance...sign up for it and use it.

 

[Silverplum]

we are in NC.

My husband and I have been separated since 2March 2015. He was arrested for assault (on a female:me) and again for misuse of police officers / false 911 call. I have an ex parte pending DVPO next week.

We have child support hearing next week (same day as DVPO). He works two jobs, but they are incredibly inconsistent. He refuses to work at walmart or any other minimum wage job because "it looks bad on his resume". So his monthly income is about $800.

The online calculator for child support amount calculated that I would receive $58 from him each month.

In NC, is child support awarded based on the non custodial parents ability to pay? For example, he has two degrees, is a veteran and is well bodied/able to work a full time job. He just chooses not to (although according to him, he "can't find a job", even though when we separated, he got a construction job the next week because he *had* to...)

If he was working full time of 40 hours per week at minimum wage, he would be making $1,160 / month. Will the judges use that amount instead?

I am just in a bit of an internal panic. I have custody of our awesome little twins. I am a nurse and am returning to work, but it is still not enough to pay all the bills. I need him to provide financially more than $58 / month.

I think PHx is important with this poster.

 

[Astrolink]

Has he worked part time for years? What is your income compared to his? How long have you been married? These are all important questions to get a better picture of possible outcomes.

 

[commentator]

Oh yeah, this was the guy who was going in the military.....I think it's excellent advice that you figure out a way to make it without assuming you're going to get anything from this person. People who don't want jobs are remarkably good at not getting those jobs. You can force someone to look for jobs, but you certainly cannot force Wal-mart or anyone else to hire him so he can work and give you money.

 

[mAmAnda]

I think PHx is important with this poster.

What is PHx?

 

[I'mTheFather]

What is PHx?

It's posting history, and please don't start any new threads unless the topic has absolutely nothing to do with your children, your husband, child support, divorce, or your debt.

 

[mAmAnda]

Has he worked part time for years? What is your income compared to his? How long have you been married? These are all important questions to get a better picture of possible outcomes.

Yes, he has worked either part time or not at all since he met me. (He quit his job when he met me because I am a nurse and was making good money)

My prior income was about #3,700 / month. If I return to work, it will be about that before taxes.

We have been married for 3 years and 3 months.

What do I need to bring to the Child Support hearing?
I am going to have a list of expenses related to the children. However, there are so many other expenses that have fallen on me (such as the car payment, a credit card with a $17,000 balance, and my engagement ring...)

 

[mAmAnda]

It's posting history, and please don't start any new threads unless the topic has absolutely nothing to do with your children, your husband, child support, divorce, or your debt.

Okay, I will not start any new threads. Is that because I have bombarded the forum? I apologize for that. Is there a way I can delete them?
I am allowed to respond to these threads though, correct?

 

[Just Blue]

What is PHx?

The other thread where you don't seem as concerned about the "dangerious man" who placed a pillow over your baby's face as you are about the money he may get in service.

 

[Just Blue]

Okay, I will not start any new threads. Is that because I have bombarded the forum? I apologize for that. Is there a way I can delete them?
I am allowed to respond to these threads though, correct?

Do not delete other threads...Just don't start another on the same issues.

 

[Astrolink]

Yes, he has worked either part time or not at all since he met me. (He quit his job when he met me because I am a nurse and was making good money)

My prior income was about #3,700 / month. If I return to work, it will be about that before taxes.

We have been married for 3 years and 3 months.

What do I need to bring to the Child Support hearing?
I am going to have a list of expenses related to the children. However, there are so many other expenses that have fallen on me (such as the car payment, a credit card with a $17,000 balance, and my engagement ring...)

If his wages are less than full time minimum wage, you can ask his income be imputed to that. The expenses you listed will not make a difference with child support, which is based on incomes, custody arrangements and often the number of overnights with the child(ren). Credit card payments, car payments and engagement ring (payment I assume?) are not part of the formula.

 

[mAmAnda]

If his wages are less than full time minimum wage, you can ask his income be imputed to that. The expenses you listed will not make a difference with child support, which is based on incomes, custody arrangements and often the number of overnights with the child(ren). Credit card payments, car payments and engagement ring (payment I assume?) are not part of the formula.

Okay, thank you. I will ask the court to compute a Child Support amount based on full time at minimum wage. That is better than the $58/month he said I will be awarded.

Thank you~

 

[mAmAnda]

The other thread where you don't seem as concerned about the "dangerious man" who placed a pillow over your baby's face as you are about the money he may get in service.

So, am I to post all my questions in one area? I have been trying to post in the appropriate threads (Child support / custody / military etc...).

Due to his abuse, my life has been completely uprooted and in shambles. As a result, I have a lot of questions and concerns... If you need to know my concerns in level of priority and importance, here you are:

1) My DVPO hearing is Friday. How long can it be extended for?

2) We have a parenting agreement in place. I am terrified that he will file for custody and be awarded unsupervised visitation.

3) Child support and DVPO are going to be heard together in family court. I am not represented by an attorney and am not sure what to do during the Child Support hearing. As far as the DVPO, I am prepared... I just need to tell the judge what happened and show the pictures, right?

4) My income does not pay my bills even after filing chapter 13 (I still have to pay $1,626 in childcare, $266 for my car, $160 for car insurance, $588 for student loans, $770 for rent, $150 for utilities (internet, water, electricity and trash), $125 for Chapter 13 payment, $150 for fuel and I budget $300 / month to feed myself and my twins. So, I am overwhelmed and drowning financially.

 

[quincy]

So, am I to post all my questions in one area? I have been trying to post in the appropriate threads (Child support / custody / military etc...).

First, I want to thank you for being so polite to the forum members, mAmAnda. This is appreciated.

I am only going to address the question quoted above and leave your other questions to those on this forum who are FAR more knowledgeable in child support, custody, military and debt issues than I am.

It can be confusing to post to this forum for the first time. Although nowhere in the Terms and Conditions is this mentioned, the forum members prefer posters keep all related questions to one thread. There are a few reasons for this but, primarily, with multiple threads it is often found that the details provided in one thread can affect the responses in another thread. In other words, by keeping all information in one thread, it is easier for the forum members to help you.

Because you have four threads in progress, it has been noted in each thread that you have a "posting history" to review. This tells the members of the forum that you have provided information elsewhere that could have a bearing on the advice offered.

I do not see that consolidating your threads at this point makes much sense, since you have received advice in all of them. I suggest only, as I'mTheFather and Blue Meanie have, that you do not start any additional threads unless a new thread is for an entirely different legal matter (e.g., a speeding ticket).