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no income - what about child support?

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M

morgan

Guest
I live in Michigan and my ex-husband and daughter live in Oklahoma. For the past few years, I have paid child support for my daughter, however, I am now not working and am a full-time student. I don't know what to do about the child support payments as I won't be able to pay the amount I was paying until I'm finished with college and have a job. Since the child support was ordered by the Oklahoma court system and I haven't a lawyer in Oklahoma, I'm not sure what to do. I don't want to be arrested or anything for non-payment of child support. How would the court determine child support for someone who does not have an income? I'm just trying to avoid getting into legal troubles and also trying to take care of my responsibilities as best I can. If I had a good relationship with my ex-husband, I would try to work something out, however, unfortunately that is not the case. Also, I don't want this situation to affect my daughter coming to visit me for the summer. Any help would be greatly appreciated! Thanks!
 


W

worried mom

Guest
not sure if my experience will help a little but here's my story...I pay child support to dad in CA., I could not pay for a while there, so he filed a NOTICE OF DELINQUENCY on me, but there are forms available in CA. its NOTICE OF MOTION TO DETERMINE ARREARAGES on this form you can state your every effort to comply with the support order ,but are unemployed at the time. Im sure they will waiver the support penalties and or the support order until you are employed again. I would check your local DA's office or consult an attorney as to your rights - good luck!
 
T

tgabriel

Guest
You should also contact an attorney in OK to help you file a motion for modification. Or you can file Pro Se(representing yourself/without an attorney), but I wouldn't recommend the latter unless you know what your doing. My husband was in the same situation because after four years of full time employment, the company he worked for went out of business. He had no real marketable skill so he researched a degree he want to pursue and what he should be able to earn with that degree. He gave the court this information with his request and an approximate, reasonable timeline of when he would complete his degree and return to the work force. The court was impressed and even over his ex's objections, reduced his support. My husband also took a part time job while he was in school which the courts view as the responsible thing to do. If you are unemployed, the court is going to wonder how you are supporting yourself. To calculate my husband's new support payment the used his part time job income and all money he received from financial aid, minus school tuition and expenses. His support payments were reduced to less then half. The courts frown on reducing support, but if you can show them your need for reduction is in good faith and in the end will allow you to better yourself for the benefit of supporting you child(ren) then you stand a good chance of them granting your request. Good Luck!
 
R

rookie

Guest
In California a judge can order that you pay support based on the amount of income that you are capable of making and not just on actual wages earned.

My support was calculated on my history of past earnings. I had two babies at home, 3 monthe and 15 months (second marriage) and a judge ordered that raising my children was not reason enough to not work. He ordered that when my youngest baby was 10 months, that when calculating cs my ex-husband was paying for our daughter that I was capable of earning at least minimum wage. The judge stated that it wasn't fair to my ex that his cs be higher because I choose to stay home with my babies (and my older daughter).

*Just an additional tid-bit, if I would have been a welfare reciepient, a judge can not force you to work or order that you are capable of working until your youngest child is 5 years old. Believe it or not, this is not considered discrimination.
 

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