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Child Support

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JasonS987

Junior Member
What is the name of your state? Hawaii

I have a 6 month old child and the mother has full custody of him. I am currently paying child support to her as calculated by the state in accordance with the law. The mother and I DO NOT get along and I continually receive harassing phone calls and verbal abuse from her. In these phone calls she states she is going to take me back to court to "take me to the bank" as she puts it. Is she legally able to get me to pay more money than I already am? I was under the impression that is what the state law and the calculations made by the Child Support Agency were for. Thanks in advance!
 


A

absconder

Guest
If your income increases she can go to court to seek an increase.........axe swings both ways...........if your income decreases you can go to court to seek a decrease.
 

JasonS987

Junior Member
That part I was aware of, the court told me that. When I move out of Hawaii I will be making considerably less than what I do now. She insists that she is going to go to court and get more money regardless if I make less when I leave. Sorry I guess I forgot to explain it in the first e-mail, but thanks for the reply.
 

brisgirl825

Senior Member
She can get an increase for things like daycare and medical insurance but she will have to prove all of those expenses. Supprt is based on income and pertentages so what you pay now is what the court feels is appropriate unless she can prove something else. The same goes for you too, you'll have to prove that your income has decreased etc.

Sarah
 

JasonS987

Junior Member
Thanks very much for the reply. She has no job and no desire to get one as far as I know. However it would not suprise me if she treid to put him in daycare just to make it a hassle for me. Next question is, if she tries to put him in daycare, wouldn't she have to prove she has a job and an actual reason to put him in daycare?

The insurance thing won't matter becuase he is going to be under my insurance anyways so she can't do anything there. However she does keep telling me she is going to make unneccessary doctors trips and try to make me pay extra for that. I assume she can't do that, as the doctors in question should not treat my son unless the insurance is approved correct?

Thanks again
 

brisgirl825

Senior Member
I would think that the daycare has to be job related to count. As for the drs visits, she can take the child to the dr whenever she wants. Maybe you could contact the dr for records and prove that she is taking the child in needlessly. That is the best I can come up with on that one. I can't imagine she'd want to do that, she also has a pertenage to pay for the drs bills right? And w/o a job it would seem stupid to do such a thing, but I guess that's why we have idiots in society.
Good luck with that one. And I hope you continue to see your child after you move, the kid will need you.

Sarah
 

JasonS987

Junior Member
She won't have to pay a portion because the insurance that I have is from the military so there is no cost associated with it. I would love nothing more than to take my son with me and away from her but the courts won't allow that, especailly with the job I have. I am gone flying around the world over 200 days a year. Thanks again for the info

Jason
 

LdiJ

Senior Member
JasonS987 said:
Thanks very much for the reply. She has no job and no desire to get one as far as I know. However it would not suprise me if she treid to put him in daycare just to make it a hassle for me. Next question is, if she tries to put him in daycare, wouldn't she have to prove she has a job and an actual reason to put him in daycare?

The insurance thing won't matter becuase he is going to be under my insurance anyways so she can't do anything there. However she does keep telling me she is going to make unneccessary doctors trips and try to make me pay extra for that. I assume she can't do that, as the doctors in question should not treat my son unless the insurance is approved correct?

Thanks again
A doctor normally wouldn't refuse to treat a child just because there wasn't any insurance approval....the doctor would just require payment at the time that service was provided. Some doctors wouldn't even refuse to treat a child even if the parents couldn't pay immediately.
 

stealth2

Under the Radar Member
Also realize that if your move out of HI is voluntary, your decrease in income may not result in a decrease of your support obligation.
 

JasonS987

Junior Member
Thanks for that info. My move is actually not voluntary, I am in the military and my time in Hawaii is up and I have to move so I hope that will not go against me and my support payments.
 

JasonS987

Junior Member
Another Question

Ok I have another question for all you helpful folks out there. I was wondering if anyone else is made responsible for the child support payments, like the grandparents, if something ever happens to me like death? Considering my carreer in the military I thought I should check. Thanks
 

LdiJ

Senior Member
JasonS987 said:
Ok I have another question for all you helpful folks out there. I was wondering if anyone else is made responsible for the child support payments, like the grandparents, if something ever happens to me like death? Considering my carreer in the military I thought I should check. Thanks
The only time that grandparents are ever held responsible for child support (and its very rare) are in cases, in a handful of states, where their child is still a minor.

If something happens to you your child will have survivor's benefits through Social Security...and I imagine there are some via the military as well. Make sure that you have those things designated properly.
 

JasonS987

Junior Member
Thanks, the only reason I asked was because initially when I received the court papers it specifically said that if I failed to pay the child support then the grandparents would be held responsible. I'm just hoping it doesn't happen if something should happen to me. Thanks again
 

LdiJ

Senior Member
JasonS987 said:
Thanks, the only reason I asked was because initially when I received the court papers it specifically said that if I failed to pay the child support then the grandparents would be held responsible. I'm just hoping it doesn't happen if something should happen to me. Thanks again
Were you a minor at the time? Is that particular order still the one that is in effect? If so, it might be wise to petition to modify the order to remove that clause.

Its highly unlikely that a court would hold your parents responsible even if that clause existed in a current order...but if its still in effect and you have the opportunity to have it removed it would be wise....just to save them some hassle if nothing else.
 

JasonS987

Junior Member
I will have to double check the paperwork on that particular thing. I was not a minor at the time, I want to say that the order may have stated that if I fail to meet the requirements the court orders then they would go after my parents for the child support. Again I will double check the paperwork, but thanks very much for the advice!
 

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