No court appointed support yet

[rapunzel30]

What is the name of your state?FL

I am new at this and just waying my options on whether to file for child support for my son. Although at this point I know that I need to start cs to ensure my 5 years old future. I am in a different situation, as I make good money and can clearly take care of my son without ex's help. The past 5 years I have supported my son without his dad's financial help. We made a verbal agreement that half my sons daycare would be paid by him. Well after 5 years he has only made a few payments to the daycare. I pay about $4500 every year. I never really pushed the issue because he has a good relationship with my son and picks him up from school when work demands that I stay after hours. The other reason I never really pushed for the daycare payments, is he claims that he is strapped for cash, he went into some financial venture and it obviously is loosing money. Well, my question is, should I file for child support now, when I maybe making more money than him. I believe he has lots of expenses and this may effect what I may get in terms of support. He renegated on our verbal agreement that we split the daycare costs, and stated that I don't need any financial support. All I wanted from this man was that half the daycare be paid. Now I feel that I have no choice but to use the courts. My other question is, what about assets. He has numerous properties (about 4 homes that I know of and a shopping strip mall) and the strip mall is in some kind of litigation, which means it is loosing money. Are these assets considered income? What if after expenses he is at a $20,000 yearly income. Is that what the support payment will be determined? Or are tangible assets also considered? I know he will fight me to the end on this, so I am wondering if it is even worth the fight. He does not know that I am thinking about filing for support, so I need some advise. Thanks.

 

[BL]

You should consult a Family Law Attorney for a small fee .

 

[rapunzel30]

Small fee, how abour $1500 retainer plus $175 for every hour, there after. At this point my sons future comes first. So I did see an attorney today, he stated that if uncontested it will cost about $5000 in attorney fees. For those reading this, remember that $5000 is nothing when dealing with the upbringing of a child. Good schools cost money, a good homelife costs money, a safe homelife costs money. This $5000 is nothing. Remember that this is your child you are fighting for. As their legal guardian you must ensure that they get what is entitled. I would hate for my son to sue me at 18 because I didn't exhaust all resources.

 

[stealth2]

The "small fee" BL was refering to was for a consultation, not for the entire process. And believe me, if the CS motion is contested? You'll be paying WAY more than 5k.

 

[rapunzel30]

Not just consultation, those are useless, a lawyer is important in this process. They know the law.

 

[VeronicaGia]

What is the name of your state?FL

I am new at this and just waying my options on whether to file for child support for my son. Although at this point I know that I need to start cs to ensure my 5 years old future. I am in a different situation, as I make good money and can clearly take care of my son without ex's help. The past 5 years I have supported my son without his dad's financial help. We made a verbal agreement that half my sons daycare would be paid by him. Well after 5 years he has only made a few payments to the daycare. I pay about $4500 every year. I never really pushed the issue because he has a good relationship with my son and picks him up from school when work demands that I stay after hours. The other reason I never really pushed for the daycare payments, is he claims that he is strapped for cash, he went into some financial venture and it obviously is loosing money. Well, my question is, should I file for child support now, when I maybe making more money than him. I believe he has lots of expenses and this may effect what I may get in terms of support. He renegated on our verbal agreement that we split the daycare costs, and stated that I don't need any financial support. All I wanted from this man was that half the daycare be paid. Now I feel that I have no choice but to use the courts. My other question is, what about assets. He has numerous properties (about 4 homes that I know of and a shopping strip mall) and the strip mall is in some kind of litigation, which means it is loosing money. Are these assets considered income? What if after expenses he is at a $20,000 yearly income. Is that what the support payment will be determined? Or are tangible assets also considered? I know he will fight me to the end on this, so I am wondering if it is even worth the fight. He does not know that I am thinking about filing for support, so I need some advise. Thanks.

Unless his assets generate income, they are not included in support. How can an asset be income? Especially if the asset still requires payments. In other words, his furniture is an asset, but it generates no income and he may actually still be paying for it.

However, the net income of both of you will be taken into consideration. If you make a great deal more than him, and he has a decent percent of visitation, you may end up paying him. I also get the feeling that if you file for support, he may very well file for some level of custody.

You really should at least consult an attorney.

 

[rapunzel30]

I have retained a lawyer, and he stated that in florida, custody is primarily joint custody, so as not to stigmatize the "noncustodial parent". Child support is also dependent on the income of both parents. With percentages being the determinator of how much each party is reponsible for. My lawyer also stated that if dad wanted to fight for primary custody, he would be required to pay a $30,000 retainer. As this type of fight is long and as you can tell very costly. So, at this point my lawyer has filed papers with the courts and dad should be served any day now. I will keep posted on his reaction. My lawyer also mentioned that i should hire a forensic accountant to look over dads finances. Any imput would be highly appreciated.

 

[nextwife]

Most real estate investments do not generate a cash flow the first few years. Only a tax benefit. The RE "asset" requires a flow of funds (maintenance, legal fees, sewer/water charges, property taxes, code and energy weatherization compliance, mortgage payments, other utilities). Many have red ink the first couple of years or so. And if one has a bad tenant and ends up with an eviction and trashed unit, sometimes a big outlay.

As VG stated, these "assets" are like savings accounts. Only the income generated by them is counted in CS. Assets MAY generate income but they are NOT income themselves.

Example, if you owned an expensive piece of jewelry or was given one as a gift, should that be added to your side of the income?

 

[AnswerMeNOW]

Ummm....

have retained a lawyer, and he stated that in florida, custody is primarily joint custody, so as not to stigmatize the "noncustodial parent". Child support is also dependent on the income of both parents. With percentages being the determinator of how much each party is reponsible for. My lawyer also stated that if dad wanted to fight for primary custody, he would be required to pay a $30,000 retainer. As this type of fight is long and as you can tell very costly. So, at this point my lawyer has filed papers with the courts and dad should be served any day now. I will keep posted on his reaction. My lawyer also mentioned that i should hire a forensic accountant to look over dads finances. Any imput would be highly appreciated.

If you've already retained a lawyer, then why are you on here asking questions? You're lawyer should be able to answer these questions for you, unless he would charge you for this conversation (which would beg the question "did you bring these up in your initial conversation with your lawyer?").

If you hire a forensic accountant, that could cost YOU quite a bit.

If you officially commence CS proceedings, the dad will have every right to begin visitation and custody hearings. As a biodad, he does have those rights -- and you couldn't stop him from visitation either.

Both of your incomes are taken into consideration, in addition to child care, etc. Like you were told already, depending how much more you make, you COULD wind up owing him.

Your state should have a formula you can check out for yourself and even punch in the numbers to give you an idea. You should be able to do a Google search -- or maybe your local CSEA has links provided to that site.

 

[rapunzel30]

How would I end up owing him? My son is cared for my me. He lives with me. Even if I do make more than dad, why would the courts have me pay dad? The reason I use this forum is not just advice (the advice given here is pathetic anyhow) but primarily as an information tool. A way to assess all the options available. I am interested in hearing from others in my situation. Since I am in the initial stages I am curious to see what will happen. By the way, dad must have got the summons, because he keeps calling, I will let him simmer for a while, let him see the error of his ways.

 

[BL]

The reason I use this forum is not just advice (the advice given here is pathetic anyhow) but primarily as an information tool. A way to assess all the options available.

To " asses " the options available ? Do you mean to tell me you still want to asses your options on here even though we are pathetic ?

I gave you advice to consult an Attorney . That wasn't good enough for you either , So use your own attorney .

Good day ...

 

[haiku]

How would I end up owing him? My son is cared for my me. He lives with me. Even if I do make more than dad, why would the courts have me pay dad? The reason I use this forum is not just advice (the advice given here is pathetic anyhow) but primarily as an information tool. A way to assess all the options available. I am interested in hearing from others in my situation. Since I am in the initial stages I am curious to see what will happen. By the way, dad must have got the summons, because he keeps calling, I will let him simmer for a while, let him see the error of his ways.

thank you for ""ASSessing" us......your ASSumptions about some of the regular posters here is very amusing, ASS is your ASSumptions about your advice from your lawyer, ASS are your ASSumptions about what the bio-father of your child is entitled to........have a nice day in court, sweetie.........

 

[rapunzel30]

What advice are you giving when all that is ever suggested is "talk to a lawyer". I have the means to consult a lawyer, so that is what I am doing. But this forum while the advice is pathetic and nonexistent is still an information tool. I choose to read the forum Q&A because I want to see what others are going thru. What I don't understand is how some choose to berate people, when they ask for advice and/or make a comment. How professional is that!!

 

[BL]

What advice are you giving when all that is ever suggested is "talk to a lawyer". I have the means to consult a lawyer, so that is what I am doing. But this forum while the advice is pathetic and nonexistent is still an information tool. I choose to read the forum Q&A because I want to see what others are going thru. What I don't understand is how some choose to berate people, when they ask for advice and/or make a comment. How professional is that!!

Ok I'll respond only one more time to you .

Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you.

Having said that , Members here have knowledge and/or been through the legal system themselves .

Some of us know exactly how " RUDE " a Judge can be in the Court room . including statements like " If you don't like what I have to say TOUGH , go get a Lawyer or YOU KNOW WHERE APPEALS is .

So now that we State the same things a Judge can and does state , We are " Pathetic " ?

People coming to this site that are advised to consult or get a Lawyer , should keep in mind that their Local Lawyers know the Court room . They know the Judges and how to react .

You think sometimes members on here are " RUDE " , go to your local Court room and ask to sit in on various sections of the Courts . Family , small claims , Etc .

Do it enough times to see how a Judge responds when he's Heard enough BS .

Take this as a learning lesson .

It doesn't bother Judges what Litigants think of them , and your " RUDE " comments that we are Pathetic doesn't bother me .

For the Final time . GOOD DAY ..

 

[rapunzel30]

Hey, your comments don't bother me, I actually think they are an additional learning tool. Thanks for the advice. I will use to my benefit.