• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Me and my ex-girlfriend are trying to settle on child support.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Shr00m

Member
What is the name of your state?OH She lives in MI with my daughter.

Me and my ex-girlfriend decided to handle child support by ourselves right now. I downloaded the Michigan child support handbook and read through it. I am working right now, and she doesn't have a job. The base payments that were in the manual I calculated out to be $123 a week for child support. Now here are the questions that I am not clear on:

1. Do I divide the $123 up between 7 days, then subtract the money for the days that I get my daughter?

2. I have health insurance on my daughter through my work. Most of the doctors visits are free, but some I have to pay 80/20. How does this work? Who pays those bills?

3. Is child care figured in seperately from child support? If one of us has to take her to day-care, does that come out of our own pockets? or does that get divided up 50/50 between us (the parents)?

4. I own a home, and my G/F moved back in with her parents (she has been living with me for the last 10 months since our daughter was born last febuary). How does this work? Is that a suitable living scenaro for a child to be living in if she is going to have my daughter for more days then me during the week?


She doesn't have any money or a job, and I am trying to make ends meet with a new home. We can't really afford attorney fees, but if I have to get one I will. We were planning on writing up a legal document with conditions ourselves. Each year we were going to 'renew & revise' it.

I need some advice! Thanks!
 


misslawli

Member
GO TO COURT!!!! Honestly it is in your best interest to do this and visitation through the court. THey are seperate issues but that is the safest way to do it that way you both have your butt's covered. If you have the "verbal" agreement ( which is worthless) and she gets state assistance then they will come after you to get reimbursed. Then U R screwed. Plus if she gets mad for some reason then you can still see your child and she can get in trouble for not letting you. Unless an agreement is signed by a judge ad made a court order is is worthless.
The state to file in is the state the baby resides in, or the LEGAL RESIDENTIAL state of the custodial parent. If she hasn't been in her new state long enough to establish residency than you can do it in your state if that was where her Legal residence was before moving.

;) Sorry if I am confusing.....hope this helps.
 

Rushia

Senior Member
Shr00m said:
What is the name of your state?OH She lives in MI with my daughter.

Me and my ex-girlfriend decided to handle child support by ourselves right now. I downloaded the Michigan child support handbook and read through it. I am working right now, and she doesn't have a job. The base payments that were in the manual I calculated out to be $123 a week for child support. Now here are the questions that I am not clear on:

1. Do I divide the $123 up between 7 days, then subtract the money for the days that I get my daughter?

2. I have health insurance on my daughter through my work. Most of the doctors visits are free, but some I have to pay 80/20. How does this work? Who pays those bills?

3. Is child care figured in seperately from child support? If one of us has to take her to day-care, does that come out of our own pockets? or does that get divided up 50/50 between us (the parents)?

4. I own a home, and my G/F moved back in with her parents (she has been living with me for the last 10 months since our daughter was born last febuary). How does this work? Is that a suitable living scenaro for a child to be living in if she is going to have my daughter for more days then me during the week?


She doesn't have any money or a job, and I am trying to make ends meet with a new home. We can't really afford attorney fees, but if I have to get one I will. We were planning on writing up a legal document with conditions ourselves. Each year we were going to 'renew & revise' it.

I need some advice! Thanks!

First, I have to say kudos to the two of you for trying to work this out on your own, but I do have to agree with the other poster that you have to take it to court. Unless a judge signs off on it that paper is worthless. What you both can do is draw up your papers for visitation and (after you get your figures together) support, go to court, get the judge to sign it and that's it. That's what my X did with his other little girl. Good Luck.
 

rmet4nzkx

Senior Member
Shr00m said:
What is the name of your state?OH She lives in MI with my daughter.

Me and my ex-girlfriend decided to handle child support by ourselves right now. I downloaded the Michigan child support handbook and read through it. I am working right now, and she doesn't have a job. The base payments that were in the manual I calculated out to be $123 a week for child support. Now here are the questions that I am not clear on:

1. Do I divide the $123 up between 7 days, then subtract the money for the days that I get my daughter? If you followed the calculations, $123 is what you owe weekly everything has been taken into consideration already and pro-rated.

2. I have health insurance on my daughter through my work. Most of the doctors visits are free, but some I have to pay 80/20. How does this work? Who pays those bills? Usually these are split 50/50.

3. Is child care figured in seperately from child support? If one of us has to take her to day-care, does that come out of our own pockets? or does that get divided up 50/50 between us (the parents)? Child care can be figured separate, so if she goes to work you could end up paying all of the child care on top of child support or child care when you have the child. Remember you have already set a president by her staying home to care for the child and frequently, the mother returning to work may not make financial sense even in intact families unless the mother is already earning a significant income and has a job waiting.

4. I own a home, and my G/F moved back in with her parents (she has been living with me for the last 10 months since our daughter was born last febuary). How does this work? Is that a suitable living scenaro for a child to be living in if she is going to have my daughter for more days then me during the week? Yes it is a suitable situation unless there is somehting very deficient in the living arrangements, remember you have the home, she did not and had to go live with her parents. How far away are you for visitation? Also living with her parents takes the place of her working contribution, remember they are contributing food and shelter for your child which will easily exceed the $123 weekly amount you cited.


She doesn't have any money or a job, and I am trying to make ends meet with a new home. We can't really afford attorney fees, but if I have to get one I will. We were planning on writing up a legal document with conditions ourselves. Each year we were going to 'renew & revise' it.

I need some advice! Thanks!
If neither of you have filed with the courts and she only moved back to MI less than 6 mos ago, you might want to look at the Ohio child support laws and calculations and file in Ohio, but in the end, it is the best interest of the child, not your personal financial situation that is important here.
 

MtnMoon

Member
It's commendable that you both are trying to work it out. Consulting with an attorney would be a good idea. Many attorneys will give you a free initial consultation. See a few of them and get as much info as you can. Also, you might contact your state's Child Support Services. They may be able to provide you with a lot of information regarding your rights and child support guidelines.

Writing up an agreement between the two of you is good start...now you can translate that agreement into a Child Support Order. You may fill out and file the papers yourself; however, it is always a good idea to have an attorney look them over beforehand. Or you might locate a Law Facilitator or a paralegal for assistance. Contact your local county clerk's office and ask where to locate the proper court forms as well as how to go about filing your case.

Why did you choose MI's child support info rather than OH's if your daughter was born in OH and you live in OH? You may file the case in your county if you choose to do so.

With regard to some of your questions, child support amounts are generally calculated using a formula which takes into consideration things like both parents' income (or potential for income), how much time each parent spends with the child, etc. State statutes might differ regarding childcare expenses. It may or may not be considered separate from child support payments. Your local Child Support Services Office might be able to answer that for you.

Medical, dental, future orthodontics...all of these are what you should consider covering in the child support order. It is very common that any uncovered expenses are split between the parents. And why was future orthodontics mentioned? Well many people don't think about including those costs in the order...and then years later when the children need braces...a huge disagreement starts up between the parents. So, it might be wise to include mentioning future orthodontics from the get go.

And speaking of things that aren't thought about...consider including the subject of higher education in your order. If your order doesn't specifically include a provision or stipulation prohibiting or allowing the continuation of child support if your child plans on attending college...this might come back to haunt you. If you decide you absolutely want to help with college...then state that in your order. If you decide you absolutely do not want to help with college...then you may state that child support is prohibited after the child is emancipated (which is age of 18, or until the child graduates from high school, or 19 in some states). It's interesting that some attorneys will say there's no way to get college expenses paid for if it's not in the order...however...if the order doesn't specifically prohibit it...the matter may go in front of a judge. I have not run across a state statute in any state yet that specifically says college is an excluded expense. What I have run across are statutes which provide for additional child support for educational needs. (Hmmmmm...you should hear the arguments which come from attorneys about the subject child support and college!)

Bottom line...get legal advice and file for a child support order as soon as you can. Oh, and remember...child support and visitation are two different things. You'll have to file for a visitation order as well.

Hope some of this helps!
 

LdiJ

Senior Member
Shr00m said:
What is the name of your state?OH She lives in MI with my daughter.

Me and my ex-girlfriend decided to handle child support by ourselves right now. I downloaded the Michigan child support handbook and read through it. I am working right now, and she doesn't have a job. The base payments that were in the manual I calculated out to be $123 a week for child support. Now here are the questions that I am not clear on:

1. Do I divide the $123 up between 7 days, then subtract the money for the days that I get my daughter?

2. I have health insurance on my daughter through my work. Most of the doctors visits are free, but some I have to pay 80/20. How does this work? Who pays those bills?

3. Is child care figured in seperately from child support? If one of us has to take her to day-care, does that come out of our own pockets? or does that get divided up 50/50 between us (the parents)?

4. I own a home, and my G/F moved back in with her parents (she has been living with me for the last 10 months since our daughter was born last febuary). How does this work? Is that a suitable living scenaro for a child to be living in if she is going to have my daughter for more days then me during the week?


She doesn't have any money or a job, and I am trying to make ends meet with a new home. We can't really afford attorney fees, but if I have to get one I will. We were planning on writing up a legal document with conditions ourselves. Each year we were going to 'renew & revise' it.

I need some advice! Thanks!
Do a google search for online child support calculators for Ohio. That is the best way to get a reasonably accurate estimate of what child support should be.

Not only is it totally acceptable for her to be living with her parents, its actually considered to be particularly stable because of the extra support she recieves by having other adults in the household.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top