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What is the name of your state? FL


If anyone can please answer this question, I would really appreciate it.

When the amount of Back Child support is being determined, do courts only factor in the NCP's current income or would they adjust it accordingly to the income the NCP made over that time? Say an NCP has a three year old that must recieve back child support. If the NCP was in school and made little to no money for two years and then stepped into a 50,000 dollar a year job, would the total amount of his back child support be guaged from the 50,000 a year, or would the two years in school be factored into the back amount?

I would guess they would figure the entire financial history and not just the current, but I've heard so many horror stories regarding these things that I won't try to presume anything.
 


ceara19

Senior Member
SaddadinATL said:
What is the name of your state? FL


If anyone can please answer this question, I would really appreciate it.

When the amount of Back Child support is being determined, do courts only factor in the NCP's current income or would they adjust it accordingly to the income the NCP made over that time? Say an NCP has a three year old that must recieve back child support. If the NCP was in school and made little to no money for two years and then stepped into a 50,000 dollar a year job, would the total amount of his back child support be guaged from the 50,000 a year, or would the two years in school be factored into the back amount?

I would guess they would figure the entire financial history and not just the current, but I've heard so many horror stories regarding these things that I won't try to presume anything.
Usually the current salary is used.
Now I see why you are trying to get custody:
https://forum.freeadvice.com/showthread.php?t=317438
The judge is never going to give you custody just because you don't want to pay child support.
 
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ceara19 said:
Usually the current salary is used.
Now I see why you are trying to get custody:
https://forum.freeadvice.com/showthread.php?t=317438
The judge is never going to give you custody just because you don't want to pay child support.

No, I want to be prepared with what might happen if I lose...I like to know the options. I have student loans, etc. that also will have to be paid...need to know in advance what the budget will be looking like either way.

If I do obtain custody, I KNOW what the budget will be looking like, and it isn't pretty. So if this was about money, as you not so subtley presume, then I would either

A. Leave the country for somewhere outside of the reach of child support services

B. Just pay the support, 'cause that damn sure costs less than having the baby with me...

Once again, thank you for the information, notwithstanding the assumptions and presumptions...
 

GrowUp!

Senior Member
ceara19 said:
Usually the current salary is used.
That's not necessarily true. Any court that uses current salary to figure out back child support makes it easily appealable. From cases I've seen, the Court will ask for W-2's from those years.
 

GrowUp!

Senior Member
SaddadinATL said:
A. Leave the country for somewhere outside of the reach of child support services
Well that would be an extremely stupid move.

B. Just pay the support, 'cause that damn sure costs less than having the baby with me...
Is there already a motion in front of the Court for back support?
 

ceara19

Senior Member
GrowUp! said:
Well that would be an extremely stupid move.


Is there already a motion in front of the Court for back support?
The guy doesn't even know if the kid is HIS yet.
 

Ohiogal

Queen Bee
ceara19 said:
The guy doesn't even know if the kid is HIS yet.
Plus since he is just getting out of college and gets a job earning 50k that would be considered his earning potential and they could use it.
Truthfully considering the disdain this guy has shown for members here, I am amazed he got ANY answers let alone the legally correct ones. He has shown he can't handle the way things are.
 

MrsK

Senior Member
They will ask for your W2's/tax info from those years. Hard to say what they will order.

You need an atty for this, big time. CSE tends to screw NCP's (usually dads, of course) for $$$$. Dont go for any support stuff without a lawyer.
 

CJane

Senior Member
SaddadinATL said:
No, I want to be prepared with what might happen if I lose...I like to know the options. I have student loans, etc. that also will have to be paid...need to know in advance what the budget will be looking like either way.
You do know that even if you 'obtain' the child at this point, you're most likely still going to owe back support, right? So you'll have the kid, and you'll be paying support to the state of FL until they've recouped the expense of supporting your child for the past 2 years while you weren't attempting to establish paternity/support/visitation/custody.
 
CJane said:
You do know that even if you 'obtain' the child at this point, you're most likely still going to owe back support, right? So you'll have the kid, and you'll be paying support to the state of FL until they've recouped the expense of supporting your child for the past 2 years while you weren't attempting to establish paternity/support/visitation/custody.
:rolleyes: ....

ob·tain audio (b-tn, b-) KEY

VERB:
ob·tained , ob·tain·ing , ob·tains
VERB:
tr.

To succeed in gaining possession of as the result of planning or endeavor; acquire.

If I would've just said 'get cutody' would that have made you feel better?

Goodness...Like I said before the money isn't an issue other than knowing what my options are win or lose. Let's face it, you need money to have options. Nothing more, nothing less. I wouldn't care less if I did have to pay the state of FL back while she is in my custody. Oh well. Thanks for the info though. ALso, thanks for presuming I was sitting around two years knowing I had a kid in Florida and not attempting to support her in any way. Thanks. :rolleyes:
 
Ohiogal said:
Plus since he is just getting out of college and gets a job earning 50k that would be considered his earning potential and they could use it.
Truthfully considering the disdain this guy has shown for members here, I am amazed he got ANY answers let alone the legally correct ones. He has shown he can't handle the way things are.

You have 'disdain' confused with 'not totally submissive to egotistical blowhards who like to answer your questions with a large helping of vile, and a small dash of advice, correct or not.'
;)

I never questioned the reality of 'the way things are,' I questioned what is the need of assuming the motives behind everyone's question and jumping to the first negative conclusion you think of?

Also, the reason why I got a reply is because most human beings don't mind politely answering a question if it is asked in a polite fashion...thank you Mrs.K and Growup, for not assuming I am just some guy looking to avoid child support just because I asked a question regarding it.

By the way, Growup, nothing has been issued or filed yet, I am preparing, and the more information I can go into this with, the better it will turn out for the child. No matter how the judge decides, if paternity testing proves her to be mine...if not, God bless that child.
 

CJane

Senior Member
SaddadinATL said:
ALso, thanks for presuming I was sitting around two years knowing I had a kid in Florida and not attempting to support her in any way. Thanks. :rolleyes:
I didn't presume anything. In previous threads you've indicated that you knew the child existed and did not pursue paternity at the mother's request.
 
CJane said:
I didn't presume anything. In previous threads you've indicated that you knew the child existed and did not pursue paternity at the mother's request.
Read more carefully, I only knew where they were located eight months ago, and have since done what I could do financially and emotionally (for the mother, more than the child...because if the primary caretaker doesn't have it together, then the child will bear the brunt of the consequences) for the child and her mother.

Everyone isn't trying to beat the system.
 

fairisfair

Senior Member
At least this daddy has an interest in what is happening with his child. No, he doesn't even know if it is his kid, but at least he cares if it is or not, no he probably doesn't want to pay child support based on his anticipated salary, who would? he could be asking for what to do to get out of paying anything, like MANY other posters do. Maybe you could apologize to anyone that you have offended SAD DAD and they would let you start over. There are alot of very smart people on this site, and they can and will help you, if you treat them nicely. With all the people out there in the world that could care less about paying their child support, much less considering trying for custody of their kids, running from paternity tests and their obligations, however this guy may have "insulted" some of the posters on here, can't we just give him a break and answer the questions??? I mean come on, we have all insulted each other at one time or another by accident or by design.
 
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