Does it matter that BM chooses not to work?

I am noncustodial. If I chose not to work, regardless of the reason, I will have to continue to pay CS. If I choose to not work then the amount that I could be making would be used. Why is it that they do not use the amount that the custodial parent COULD be making if he/she chooses not to work? I am in AL.

x

[This message has been edited by I AM ALWAYS LIABLE (edited October 14, 2000).]

It sounds like you don't want to pay support for your child, and are trying to get out of paying it. That is wrong! You have an obligation to that child no matter what! I have never argued about paying suport, and I never will (it's where the money is going that I wonder about)! If you don't want to work or support the child, maybe you should consider relinquishing Parental Rights to the child and then you can go without working as long as you want and no one will care.

I am sorry that I have been a little short, but it really offends me that some parents look for a way out of paying support that the child deserves!!!

Ukiah

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All that you have read in no way is Legal Advice, it is a matter of opinion to help you in your quest

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ukiah:
It sounds like you don't want to pay support for your child, and are trying to get out of paying it. That is wrong! You have an obligation to that child no matter what! I have never argued about paying suport, and I never will (it's where the money is going that I wonder about)! If you don't want to work or support the child, maybe you should consider relinquishing Parental Rights to the child and then you can go without working as long as you want and no one will care.

I am sorry that I have been a little short, but it really offends me that some parents look for a way out of paying support that the child deserves!!!
<HR></BLOCKQUOTE>


First of all, the person was not stating that he does not want to pay.. only that if he did not work, his higher last salary would be imputed. If that being the case, he is asking why the mothers last income or earning potential can not also be imputed. It is a very valid question as some bio mothers do not work because of the nice amount of money they get in CS.

Second, you can not give up parental rights as if the child is property.


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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

Of course, the writer didn't say which state he's in.

In Florida, for instance, the custodial parents earning potential is used except for in cases where the parent has to stay home to take care of the child.

Tig

AL is Alabama , which he clearly stated.

If your ex-wife does get a full time job and puts the kid(s) in childcare, guess who's likely to end up in court arguing over how much is his fair share of the childcare expenses (on top of CS)? Quite likely your child is better off with a stay-at-home mom and you're better off with the CS you're paying now. Good childcare is expensive. Bad childcare is disastrous.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dec:
AL is Alabama , which he clearly stated.<HR></BLOCKQUOTE>

Another mistake! I must be on a roll!

Honestly though, I can't keep straight some of the postal codes. Abbreviations would be easier in most cases!

Tig

No, I NEVER said that I did not want to pay support. I just do not think that it is fair that my ex sits on her butt while I support her AND my kids. She is lazy, plain and simple. Also, my kids are in school, even though she chooses not to work and guess who pays for that? YOU DO!!!!! She gets childcare at a "reduced rate" ($40/month for a 3 and 4 year old.) The gov. pays the rest because she lies about everything to get free stuff. She gets well over $1000/month from the gov.(Food Stamps, housing, WIC, toys, etc) outside of my CS.

I feel like if she is at home, the least that she can do is take care of the kids, for God's sakes. If she did not feel like being bothered with them she could have given them to me. Of course our legal systems works "for the best interests of the child". That is really of joke in my situation. I am not a loser, I just feel like it is unfair to me AND my babies.

No, I NEVER said that I did not want to pay support. I just do not think that it is fair that my ex sits on her butt while I support her AND my kids. She is lazy, plain and simple. Also, my kids are in school, even though she chooses not to work and guess who pays for that? YOU DO!!!!! She gets childcare at a "reduced rate" ($40/month for a 3 and 4 year old.) The gov. pays the rest because she lies about everything to get free stuff. She gets well over $1000/month from the gov.(Food Stamps, housing, WIC, toys, etc) outside of my CS.

I feel like if she is at home, the least that she can do is take care of the kids, for God's sakes. If she did not feel like being bothered with them she could have given them to me. Of course our legal systems works "for the best interests of the child". That is really of joke in my situation. I am not a loser, I just feel like it is unfair to me AND my babies.

Maybe you should petition for custody, and make her go to work. If she is healthy, she has no excuse. I hear Mc Donald's pays pretty good.

If you read your Original posting, it sounds as if you are the stating that you do not work. Sorry for the mix up. BUT if your X worked before and isn't working now, the chances are that her Potential Income was a factor. I would talk to anyone in your area that handles support payments (Family Support Division of the District Attorney) any organizations like this and find out what is factored in and how far back they go and how far ahead as well (potential income). Talk with an attorney in your area as well.

Ukiah

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All that you have read in no way is Legal Advice, it is a matter of opinion to help you in your quest