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How is child support calculated if your on unemployment part of the year.

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lala757qt

Junior Member
Virginia
My Son Father is a Merchant Marine who works only four months out the year. He makes 70,000 a year. When he is not working for those eight months he gets unemployment. If I take him to court for child support will they consider him not having a job and give me only a small about because he only getting $400 a week in unemployment or will they just go by his yearly gross income, which is $70,000. He told me I would only get $200 a month because he would be considered unemployed. I cant take him to court while he works those four months because he is out of the country and when he gets back he is on unemployment again. What do I do?
 


LdiJ

Senior Member
Virginia
My Son Father is a Merchant Marine who works only four months out the year. He makes 70,000 a year. When he is not working for those eight months he gets unemployment. If I take him to court for child support will they consider him not having a job and give me only a small about because he only getting $400 a week in unemployment or will they just go by his yearly gross income, which is $70,000. He told me I would only get $200 a month because he would be considered unemployed. I cant take him to court while he works those four months because he is out of the country and when he gets back he is on unemployment again. What do I do?
They would base it on his annual income if you handle the case properly.

And as a taxpayer, I am livid that my taxes are going to pay for 8 months a year of unemployment for someone that makes 70k in the Merchant Marines.
 

CSO286

Senior Member
Virginia
My Son Father is a Merchant Marine who works only four months out the year. He makes 70,000 a year. When he is not working for those eight months he gets unemployment. If I take him to court for child support will they consider him not having a job and give me only a small about because he only getting $400 a week in unemployment or will they just go by his yearly gross income, which is $70,000. He told me I would only get $200 a month because he would be considered unemployed. I cant take him to court while he works those four months because he is out of the country and when he gets back he is on unemployment again. What do I do?
I have seen similar situations come up in court.

What I have seen in the hearing is this:
The magistrate considers the income the NCP receives while working--let's say $17500/mth for four months out of the the year--$70000

The let's say the NCP recieves $200/mth during the eight month they are on unemployment--$1600 during that time

He took those two numbers and added them together= $71600 and divided by 12 months=$5966 is the avg monthly wages.

He then told the NCP that they better budget well, since the court expects that the obligation will be paid each month, even during the unemployed ones.

ETA: Used the OP's numbers
 
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CSO286

Senior Member
Also.....


AND if the ncp requests a downward mod during the period of unemployment and the Magistrate/Judge did calculate the obligation the way I demonstrated, then the NCP would NOT be eligible for modification until/unless he could prove that he was no longer employed (not simply laid off) by the seasonal employer.

(Given that a job loss is usually and accepted change in circumstamces that would trigger a review of the case.)
 

stealth2

Under the Radar Member
And as a taxpayer, I am livid that my taxes are going to pay for 8 months a year of unemployment for someone that makes 70k in the Merchant Marines.
I could deal with using the patch for 4 mos for that kind of income. And then work at my current place for the other 8. That would be sweet!
 

single317dad

Senior Member
And as a taxpayer, I am livid that my taxes are going to pay for 8 months a year of unemployment for someone that makes 70k in the Merchant Marines.
In theory, unemployment compensation is not supposed to come out of general taxpayer funds. It's supposed to come from the funds that I (and every other payroll employer) pay into unemployment insurance (federal and state) every time we pay our employees.

Whenever an employer pays their employees, there are additional costs involved: matching FICA contribution, unemployment insurance, and so forth. The more likely that your employees will become unemployed, the higher the rates you pay for UI. Just like any other insurance, the higher-risk employers pay the tolls.

In practice, I'm sure the government has the whole system so screwed up that it's costing the taxpayer billions.
 

LdiJ

Senior Member
In theory, unemployment compensation is not supposed to come out of general taxpayer funds. It's supposed to come from the funds that I (and every other payroll employer) pay into unemployment insurance (federal and state) every time we pay our employees.

Whenever an employer pays their employees, there are additional costs involved: matching FICA contribution, unemployment insurance, and so forth. The more likely that your employees will become unemployed, the higher the rates you pay for UI. Just like any other insurance, the higher-risk employers pay the tolls.

In practice, I'm sure the government has the whole system so screwed up that it's costing the taxpayer billions.
I am well aware of how its supposed to work, and also well aware of how it does work.
 

OHRoadwarrior

Senior Member
They would base it on his annual income if you handle the case properly.

And as a taxpayer, I am livid that my taxes are going to pay for 8 months a year of unemployment for someone that makes 70k in the Merchant Marines.
When you are disabled. Finding a job with similar circumstances, can be the difference between whether you can even hold a job. You can use the time off, to post here. :D As mentioned, your employer pays the fees that cover it.
 

stealth2

Under the Radar Member
When you are disabled. Finding a job with similar circumstances, can be the difference between whether you can even hold a job. You can use the time off, to post here. :D As mentioned, your employer pays the fees that cover it.
What does this have to do with anything?
 

commentator

Senior Member
Unemployment insurance is taken from taxes on the employer. It is not taken from the taxpayers of America, does not come from the federal government, (except in the case of the federal extensions when we are in a severe recession) and in almost all of the states, it does not come from take outs to the paychecks of the employees (Thank you pattitax:eek:!)

Because the shipping industry is very seasonal and sporadic, and the employees are out of work through no fault of their own frequently due to the availablity of ships, the companies pay a high unemployment tax rate to the state where they have their business set up. This tax is based also on the size of their payroll and the wages each individual receives. These employees are quite highly trained and specialized, and it is much to the advantage of the employer to keep them available through down times so that they will have them there when another shipping opportunity comes available. Yes, it's a pretty good deal to be able to come home and draw $400 a week for part of the year, but it goes with the nature of that particular job. That other eight months, they aren't home, and the job might be tough sometimes.

When the person is out of work through no fault of his own, when the company has no other assignment to send them out on, they are fully eligible to sign up on unemployment insurance benefits. These are not welfare payments, they are not calculated or given out based on the financial situation of the person receiving them, but on their being out of work without fault. There is no reason a person who annually makes $70,000 should not receive this insurance when they are out of work through no fault of their own and meets the eligibility standards.

No, the government does not have the system so screwed up that the unemployment program is costing the taxpayer billions. Unemployment insurance has been shown to actually have a positive effect on the economy as a whole. It is primarily paid for by employers, and the bigger payrolls with the highest fluctuations of employment pay the most. They can most afford it.

In answer to the question about the child support, in my state and in my experience how the child support and unemployment issue works out when it is being paid through the courts, is that the child support taken from unemployment benefits is set up not by a fixed amount, but by a percentage of the party's income. So in a month where he'd received unemployment insurance only, the amount of the support owed would be less, but it would be the same percentage of his income as other months.
 
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Ohiogal

Queen Bee
They would base it on his annual income if you handle the case properly.

And as a taxpayer, I am livid that my taxes are going to pay for 8 months a year of unemployment for someone that makes 70k in the Merchant Marines.
Unemployment insurance is available for anyone whose employer has paid into it and who is laid off. Why are you livid? Your taxes? So someone who makes millions as a CEO and loses their job should not get unemployment?

Jim Tressel should not unemployment? Nor should he qualify? Is that what you are saying?
 

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