Question about support and a guy who never works much

[TSflorida]

What is the name of your state (only U.S. law)? Indiana

Currently going for a divorce, we have 2 kids. Married 12 years, he has only worked part time for a total of a year or 18 months. I've begged him to get a job forever, he never would, hence the divorce. What jobs he has done was paid cash under the table. He is telling me that if he has the kids 50/50 that no support would be ordered. Medical insurance is under my name, through the state, however I take care of taking them to the DRs and doing all the appt for the insurance and everything. I'm on a fixed income due to disability. So how would it work? Is he correct, no support ordered? I would think that even 50/50 that I would be ordered anything something considering that they need clothing, school supplies, school lunches, etc. plus we won't have to split daycare b/c I'm the one home to care for them. (if that even matters)
Any help is appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? Indiana

Currently going for a divorce, we have 2 kids. Married 12 years, he has only worked part time for a total of a year or 18 months. I've begged him to get a job forever, he never would, hence the divorce. What jobs he has done was paid cash under the table. He is telling me that if he has the kids 50/50 that no support would be ordered. Medical insurance is under my name, through the state, however I take care of taking them to the DRs and doing all the appt for the insurance and everything. I'm on a fixed income due to disability. So how would it work? Is he correct, no support ordered? I would think that even 50/50 that I would be ordered anything something considering that they need clothing, school supplies, school lunches, etc. plus we won't have to split daycare b/c I'm the one home to care for them. (if that even matters)
Any help is appreciated.

If there is a disparity in income child support can be ordered with a 50/50 timeshare. If you're on disability and he's chronically unemployed, you can ask that he's imputed at least 40 hours/week @min. wage and ask that child support be based on that figure. Either way it's not likely to be anything substantial.

 

[Just Blue]

From how 50/50 custody was explained to me when pertaining to Child Support, the court usually has the parent who has the higher income pay support. Because you are on disability and he is not, they will calculate him in under what he is capable of making, which is usually based on the person's pay rate from their last known employment. If what he is capable of making is higher than your disability, then he would be ordered to pay support. Unless you both can agree to forfeit paying support altogether, one of you will most likely have to pay some type of support.

Really. In what state are you basing your post on? OP's?

You do realize that support and custody may vary state to state...right?

 

[Zigner]

Really. In what state are you basing your post on? OP's?

You do realize that support and custody may vary state to state...right?

This poster has been hopping from thread to thread giving advice based on her state's laws, regardless of the state the OP is in.

 

[Chrissie1982]

Really. In what state are you basing your post on? OP's?

You do realize that support and custody may vary state to state...right?

Yes, I do understand it varies state to state. This was explained to me in my state (PA). Unfortunately, the fact that it varies state state does make it a little more difficult to help give advice. But I figured any help from personal experience is better than no help at all. I am not replying to knowingly give false information, so please don't think that I am.

 

[Chrissie1982]

This poster has been hopping from thread to thread giving advice based on her state's laws, regardless of the state the OP is in.

I only replied on 2 posts and did mention in the posts that I am responding from personal experience and that I know laws vary. I thought that the point of this site was to give people their opinions? If I am wrong, I won't respond to anyone. Sorry.

 

[Zigner]

But I figured any help from personal experience is better than no help at all.

You figured wrong. If you don't KNOW (through personnel experience or research) the laws for a particular state, then incorrect advice is WORSE than no help at all.

 

[Zigner]

I only replied on 2 posts and did mention in the posts that I am responding from personal experience and that I know laws vary. I thought that the point of this site was to give people their opinions? If I am wrong, I won't respond to anyone. Sorry.

The point we would like you to understand is that it's fine and great to give advice, as long as you have properly researched it. In fact, you are welcome and encouraged to do so.

 

[Silverplum]

Yes, I do understand it varies state to state. This was explained to me in my state (PA). Unfortunately, the fact that it varies state state does make it a little more difficult to help give advice. But I figured any help from personal experience is better than no help at all. I am not replying to knowingly give false information, so please don't think that I am.

How do WE all manage to do give state-specific, valid legal information?

 

[single317dad]

In Indiana, support is calculated by first adding both parents' incomes (imputing wages as necessary) to determine the total amount of support. After the timeshare and income disparity (again, as imputed, if applicable) determine the amount each parent is responsible for, child care and insurance costs are subtracted (neither of which appear to be relevant in your case). I've seen orders in cases where both parents are imputed minimum wage for a single child go as low as $17/wk and as high as $57/wk -- that was a case where the NCP had no overnight privileges at all.

In my own case, at our original 50/50 time share, the order would have been $22/wk from me to her. The judge quickly approved our agreement to forego support altogether. As it stands, after insurance and daycare costs paid by me, and no parenting time at all for her, she's ordered to pay me $51/wk, which is about all you'll get for someone with no provable income.

I wouldn't hold my breath on getting any significant support order in this case.

 

[LdiJ]

In Indiana, support is calculated by first adding both parents' incomes (imputing wages as necessary) to determine the total amount of support. After the timeshare and income disparity (again, as imputed, if applicable) determine the amount each parent is responsible for, child care and insurance costs are subtracted (neither of which appear to be relevant in your case). I've seen orders in cases where both parents are imputed minimum wage for a single child go as low as $17/wk and as high as $57/wk -- that was a case where the NCP had no overnight privileges at all.

In my own case, at our original 50/50 time share, the order would have been $22/wk from me to her. The judge quickly approved our agreement to forego support altogether. As it stands, after insurance and daycare costs paid by me, and no parenting time at all for her, she's ordered to pay me $51/wk, which is about all you'll get for someone with no provable income.

I wouldn't hold my breath on getting any significant support order in this case.

While 51/wk is not much, it can mean the world of a difference to someone on disability...assuming that its collectable.

 

[Just Blue]

View profile page. OP states she is not married and no children.

Information



About TSflorida
Biography:Not married, no kids, single and some days I love it. I have a a dog and a cat. Living in FL and not depending on a man for anything.

 

[single317dad]

While 51/wk is not much, it can mean the world of a difference to someone on disability...assuming that its collectable.

I don't disagree; there are some weeks when $51 would be quite welcome

 

[single317dad]

View profile page. OP states she is not married and no children.

I'm almost positive one of OP's other threads was deleted in the past, because I specifically remember visiting and researching that url in her profile.

 

[Silverplum]

View profile page. OP states she is not married and no children.

Bizarre.