How can we live if all the money goes to CS

[wifeontheedge]

What is the name of your state? Missouri

My husband makes about 27K per year. He has been ordered child support from another baby for 443.00 a month. We have two children at home (ages 3 and 5). He can barely help me take care of them and they are older than this other child. I think the other childs mother is on welfare, but we are not sure he has not seen or talked to her since the one night stand in 2001. Does this sound like an unreasonable amt of child support? What is he to do about our kids at home? I think the system is screwed! Please let me know what we can do!

 

[stealth2]

This site will allow you to run the rought numbers http://www.rollanet.org/~hclaw/child_support_form.html ... Putting in only his income and the 1 child puts CS at around $414/mo so what he's been ordered to pay isn't that far off.

Unfortunately, it sounds as though you and your children end up paying the price of your husband's indiscretion.

 

[stepmom&mom]

He really can't alleviate his obligations to his first child simply because he had more children. Believe me, I understand how it feels to pay child support when you have other children. That's just the way it is. Why doesn't he focus on having a relationship with the child he fathered?

 

[wifeontheedge]

Our children came first. This other child is 2 years old and our children are 3 and 5. He never really had a chance to be a father for the child because the way that she let him know that he is a father was by sending him child support papers after the child had turned one. We can't afford a lawyer and we can barely get the Rep to call back. Last he checked the girls address was changed and for some reason they would not give out the info. It is a mess and really hard for us to live. Normally people don't pay that amount for child support. It takes almost his whole check.

 

[Silverplum]

Our children came first. This other child is 2 years old and our children are 3 and 5. He never really had a chance to be a father for the child because the way that she let him know that he is a father was by sending him child support papers after the child had turned one. We can't afford a lawyer and we can barely get the Rep to call back. Last he checked the girls address was changed and for some reason they would not give out the info. It is a mess and really hard for us to live. Normally people don't pay that amount for child support. It takes almost his whole check.

The first person to file for child support gets the lion's share of support money. The actual ages of all children do not matter. If you divorce, you will get the second available share of CS money, after the first order is taken out.

According to Stealth, the calculation is very close to the order. So yes, people normally pay that amount for CS.

He's going to have to get another job, or you will. His extra money will count toward available money for CS, so it'd be smarter if you did. (That'd piss me off if I were you!)

 

[wifeontheedge]

I used that calculator that the other guy sent and it only came up to 294. He will be paying for health insurance, but I put in all 0's for her monthly income and it only came out to be 294. How did you guys get $414

 

[stealth2]

I told you - I put in the information you provided: 27k (divided by 12 = 2250 gross/mo) and 1 child. The calculator spewed out $414.

 

[critterperson]

Our children came first. This other child is 2 years old and our children are 3 and 5. He never really had a chance to be a father for the child because the way that she let him know that he is a father was by sending him child support papers after the child had turned one. We can't afford a lawyer and we can barely get the Rep to call back. Last he checked the girls address was changed and for some reason they would not give out the info. It is a mess and really hard for us to live. Normally people don't pay that amount for child support. It takes almost his whole check.

You are right most people pay more...with daycare and everything.

 

[wifeontheedge]

Well she is not paying anything she is on welfare, which of course is going to get their money back regardless of our situation. I have a 3 year old son in daycare and it is $300 a month. I can't get any assistance. It's just not fair.

 

[stealth2]

Well she is not paying anything she is on welfare, which of course is going to get their money back regardless of our situation. I have a 3 year old son in daycare and it is $300 a month. I can't get any assistance. It's just not fair.

No it's not. But you can thank your husband.

 

[wifeontheedge]

Yeah I know. So he made a horrid mistake, and I understand he has to pay the price for that. We decided to move on, but it's not fair that just because somebody has a child, it breaks the other persons pockets...that's crazy. I mean I think that they are cheating men and it is crazy. I would not want him to not pay child support at all but at least be able to take care of all of them equally.

 

[tide200]

This one night stand was in 2001 right? And the child is only two? Something is not adding up here.

 

[stealth2]

This one night stand was in 2001 right? And the child is only two? Something is not adding up here.

Say conception in late 12/01. Birth in early 9/02. Child is two years old until 9/05. So conception could have been anytime between late June-ish and end of December of 2001. The math isn't that complex.

 

[stealth2]

There is a bunch of erroneous information in that post, legalcuriousity.

First of all, the CP's address MUST be provided to the NCP from the Child Support Agency. Both parents are required to update their address information with the local child support agency.

No, the CP's address does not need to be provided - and often is not - due to privacy issues. While both parents must keep their address info updated, that does not always include having that info provided to the other parent.

Secondly, if your husband is going to put the child on his health insurance, then he should file for a modification. He will get credit for this & will lower his support amount (unless the Support Officer deems the amount it'll cost as too much).

Where did you pull this out of? Insurance is often IN ADDITION TO child support and does not result in a credit.

Also, your husband SHOULD be getting credit for having two children as well. He should be getting a $6200 credit (per year...3100x2)...unless Missouri doesn't do that. If not, that's bullsh!t!

Credit for what?

Even if she is getting welfare, that is considered income (unless that has changed).

If she's gettign welfare, Dad's going to be paying the STATE back.

Also, does the CP have the child in daycare?

You might note that Dad will likely be responsible for some portion of the daycare costs - on top of the CS obligation.

Finally, your husband should file for visitation and/or custody of this child. It is his right and there isn't a damn thing the CP can do to stop it.

This is, at least, correct. Unless, of course, the CP can prove that Dad is a dangeer to the child.

 

[sroutlaw]

I am in MO.
No, there is no "credit" for other kids. The person who files first, is paid most. This is mainly to protect children who are abandoned along with their mothers/marriages for a second, third or fiftieth wife. Obviously in this case, the other kids were first, but, the law has declared the first to file gets the first percentage, and any filings later have to be further reduction to dad's income and not impact the first child's support (first child's filed for support, not necessarily eldest child).
The health insurance is in fact above the support. It will not necessarily impact this dad's support at all.
The state will collect his support checks and pay themselves back fully, if mom is on TANF or AFDC. My sister is actually going through this now - so I know for sure that the state takes the whole amount of support, up until their repayment is satisfied. The state in fact ADVISES mothers to stay on TANF for a few extra months because very often they find that dads stop paying before the TANF repayment is even satisfied, leaving moms and babies even in worse shape than before.
And if mom went back to work, your hubby would be ordered half of daycare as well, or he would repay the state for daycare aid they provided for mom to get a job....so before you push that option, think about it.
It is a tough situation you are in, but it sounds to me like dad needs to look for a second job. Or you do. This is the bed he made (no pun intended) and sadly, his poor character is falling on you and your kids as well.
S