child support calculation

[BlondeMom123]

What is the name of your state (only U.S. law)? CA

Ok I read the sticky and I know you don't like 3rd parties asking questions,
but it is for my brother and he refuses to do anything. Him and his wife

separated, they have a 6 year old child. During the marriage, he worked full time at night, and took care of their son, she worked full time days. Her

income was about 40,000 a year and at his highest earning point it was 15000 in 06 12000 in 07 and for 08 it was 7000, he was laid off early of this year and is receiving unemployment in the amount of 660 a month. He has a

couple of misdemeanor convictions and along with the economy, that is hindering him from getting another job. Also at his highest earning point he only got that job because his friends parents own the company. He is also

going to start college soon. They have been separated for 8 months now, 4 months ago she moved to northern Ca. We are in so Ca. She moved in with her parents and he moved back in with our parents. I would say they were

both pretty much equal caregivers to their son, and they both pretty much equally caused the breakdown of their marriage. Since the separation he has been giving her $200 a month for their son. He has little to no other

expenses living at home. She filed for the divorce 6 months ago and has yet to move forward on anything. He wants to but is afraid with the way his living and financial situation is right now he won't have a shot at custody or even ample visitation. She has been a decent person who I have come to

know as a sister and have tried to talk to her but she has become very bitter and vindictive during this whole ordeal and it was her who started it. She is

telling him no way in hell will he get custody or any visitation and she said she will screw him on child support and alimony. She just enrolled my nephew in a private school that is $700 a month and expects my brother to

pay half on top of the money he is already giving her, yet she refuses to proceed with any court issues and just expects him to send the money. I doubt she will get alimony cause she made more and they were only married

6 years, but she might screw him on CS. He is just trying to get his life back on track, and can't afford to give her everything he has. Sorry this was all so ridiculously long, I just wanted to give all the details. My question is would they impute his income on the Dissomaster as the highest it has been

cause that is his earning capability or would they do what he is getting in unemployment. Also would he just be better off to wait to go forth with the divorce until he is better off financially and has a better chance at custody or she he start the process now? His ex is very bitter and angry now I don't know if she will get better or worse over time.

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

Ok I read the sticky and I know you don't like 3rd parties asking questions,
but it is for my brother and he refuses to do anything.

Then if he refuses to do anything, nothing we will tell you matters.

As such it would be a waste of time. Could he get custody and visitation? Possibly. Is he if he does nothing? Nope. He needs to grow up and man up. When he does so, send him here. Until then, your brother has decided that the children are not worth it.

 

[BlondeMom123]

It is only 1 child, and he is not doing nothing with the child. He goes up there every other weekend and spends it with the child. I meant he is doing nothing and does not want to do anything right now about stopping the divorce or moving it forward. I would have appreciated an answer to my question, though, about the calculation of child support.

 

[Ohiogal]

It is only 1 child, and he is not doing nothing with the child. He goes up there every other weekend and spends it with the child. I meant he is doing nothing and does not want to do anything right now about stopping the divorce or moving it forward. I would have appreciated an answer to my question, though, about the calculation of child support.

Unless he decides to participate in the divorce and ask for what he wants he will get nothing and his wife will get what she requests. Child support is based on many details but most likely he will end up paying quite a bit more than $200 a month. That is what you have. UNTIL he decides to be an adult and participate that is the best that can be said.

 

[frylover]

OG, I never argue with you because you are kind of like God AND I'm not an attorney, just a lowly teacher (who is off for two weeks! Yeah me!)

But what I am understanding from the OP is that her brother is afraid to push the divorce because he could end up worse off than he is. Right now, he's allowed to see his child and his wife is acceting the $200 (although she does appear about to demand more in the form of tuition). I think she means he "won't do anything" in a "don't rock the boat" sense because he's afraid of losing what little he's got. So, as long as mom doesn't make the move, he won't either. I get the sense she's looking for a glimmer of hope to give him that this doesn't have to end badly for him OR his child.

My husband "didn't do anything" when his ex decided "reasonable rights of visitation" meant "I'm not going to make my baby do anything she doesn't want to" because a lawyer told him the judge could very likely listen to his 10year old child when she said she didn't want to come viisit him. He figured after they both spent all that money to fight it out and the dust settled and he'd lost, he would see her even LESS than before the whole mess started.

 

[Ohiogal]

OG, I never argue with you because you are kind of like God

No I am not. I am human and make mistakes just like any one.

AND I'm not an attorney, just a lowly teacher (who is off for two weeks! Yeah me!)

Congrats to you for being off. I need a new career. I am NOT off.

But what I am understanding from the OP is that her brother is afraid to push the divorce because he could end up worse off than he is. Right now, he's allowed to see his child and his wife is acceting the $200 (although she does appear about to demand more in the form of tuition).

And he should not agree to tuition. However he needs to realize that unless he fights for custody by not fighting she is going to get custody AND the full guideline of support with him getting whatever she determines he should.

I think she means he "won't do anything" in a "don't rock the boat" sense because he's afraid of losing what little he's got. So, as long as mom doesn't make the move, he won't either. I get the sense she's looking for a glimmer of hope to give him that this doesn't have to end badly for him OR his child.

Him fighting to be a father and have equal custody of his child doesn't have to end badly. He being relegated however to a visitor because he did nothing will most likely end up badly for him and he will be griping within a year that he doesn't get enough time and pays too much.

My husband "didn't do anything" when his ex decided "reasonable rights of visitation" meant "I'm not going to make my baby do anything she doesn't want to" because a lawyer told him the judge could very likely listen to his 10year old child when she said she didn't want to come viisit him. He figured after they both spent all that money to fight it out and the dust settled and he'd lost, he would see her even LESS than before the whole mess started.

And how did he end up with "reasonable rights of visitation"? Did he agree to that or not fight it when it was "offered"?

 

[frylover]

I see all your points and won't argue with you! Only want to address the question about my husband.

Call it being naive or stupid, but he is, God love him, one of those people who sees the best in everyone and tends to take people at their word (I am the cynic and the one who looks for hidden motives around every corner!) When he and his ex divorced he honestly believed her when she told him she wouldn't keep him from seeing their daughter. He didn't even have legal representation and in 1989 sites like this didn't exist. He agreed to reasonable rights of visitation, like many people here, without grasping how badly it could come back to bite him. And at first it was OK, he saw her pretty much what I would guess was standard at that time. The denying him visits was a gradual thing. I guess by the time he had enough and went to see someone, it was too late. So, yes, it was his fault, and a hard lesson learned. That's one reason I'm glad this site is here now; maybe it will stop other people from making the same stupid mistakes.

On a purely non legal note, while he can never get back the time he lost, they now have a very good relationship, and she has rebuilt good relationships with his extended family and is forming ties with our two girls.

We used to say that, if nothing else, he got smart enough that I would never get away with screwing him over like that. And when we came close to divorce a few years ago, I swore to myself I wouldn't because as much as I hated him at the time, our daughters worship the ground their daddy walks on and I wouldn't have it any other way.

 

[Ohiogal]

I see all your points and won't argue with you! Only want to address the question about my husband.

Call it being naive or stupid, but he is, God love him, one of those people who sees the best in everyone and tends to take people at their word (I am the cynic and the one who looks for hidden motives around every corner!) When he and his ex divorced he honestly believed her when she told him she wouldn't keep him from seeing their daughter. He didn't even have legal representation and in 1989 sites like this didn't exist. He agreed to reasonable rights of visitation, like many people here, without grasping how badly it could come back to bite him. And at first it was OK, he saw her pretty much what I would guess was standard at that time. The denying him visits was a gradual thing. I guess by the time he had enough and went to see someone, it was too late. So, yes, it was his fault, and a hard lesson learned. That's one reason I'm glad this site is here now; maybe it will stop other people from making the same stupid mistakes.

On a purely non legal note, while he can never get back the time he lost, they now have a very good relationship, and she has rebuilt good relationships with his extended family and is forming ties with our two girls.

We used to say that, if nothing else, he got smart enough that I would never get away with screwing him over like that. And when we came close to divorce a few years ago, I swore to myself I wouldn't because as much as I hated him at the time, our daughters worship the ground their daddy walks on and I wouldn't have it any other way.

I feel for your husband but at least it is positive NOW. I was not trying to be hostile about your husband but I was inquiring about how that ended up that way.

I have great concern for people that won't fight for a relationship with their children in a positive manner. My concern is in the fact that OP's brother doesn't appear to want to fight for anything including to be a father.

 

[frylover]

No worries, I didn't take it as hostile! While he regrets what's in the past, he's also one to not dwell on what can't be changed, so he just focuses on it being good now!

 

[BlondeMom123]

ok and fry got it right, he does not want to do anything now, he wants to better his life first. His wife is also doing nothing. Yet, none have answered my original question about figuring out child support. Would they go by his UI income of $660 a month or his highest earned income which was 3 years ago at $1300 a month.

 

[LdiJ]

ok and fry got it right, he does not want to do anything now, he wants to better his life first. His wife is also doing nothing. Yet, none have answered my original question about figuring out child support. Would they go by his UI income of $660 a month or his highest earned income which was 3 years ago at $1300 a month.

Most likely they would at least impute a full time income of 40 hours a week at minimum wage...possibly more if they feel he is capable of earning more.

 

[Ohiogal]

Most likely they would at least impute a full time income of 40 hours a week at minimum wage...possibly more if they feel he is capable of earning more.

Agree with LD.