Child Support Question

[stephgts]

What is the name of your state? Florida

My daughter is almost 3 months old and her father and I (we were never married) are split up. He is almost a month late on child support (a verbal agreement between the two of us) of $150. I told him yesterday that if he had to pay the state CS and was late then they would put him in jail. He said that he knows that. So I told him to pay me on time because I shouldn't have to wait if a court won't. Then he told me that since I don't have a job at the moment, and even though my parents are helping me, he can get Child support from the government for himself...is this true? We have no court order, I have full custody, and he hardly ever sees our daughter by his choice. So, can he really get money from the government? That just doesn't seem right to me. Or is this just something that he could do if we went to court and got a court order for childsupport and visitation? I'm trying to avoid going to court for as long as I can because it's just too expensive. I know eventually I'll have to though.

Most importantly, he's a bartender and says that since his tips aren't on paper, then he'd only have to pay childsupport based on what the bar pays him a month. Which is only about $700, where in reality with the tips he makes, he earns around $3000 a month. Isn't it illegal not to claim your tips for tax purposes? What would a judge do if we went to court and my ex told him that he's a bartender but doesn't make tips? That's a BLATENT lie. Eventually I'm going to need a higher amount of CS from him and I'm worried that I"m not going to be able to get it because there are no records of his tip money.

 

[BelizeBreeze]

What is the name of your state? Florida

My daughter is almost 3 months old and her father and I (we were never married) are split up. He is almost a month late on child support (a verbal agreement between the two of us) of $150. I told him yesterday that if he had to pay the state CS and was late then they would put him in jail.

And of course, that was a lie.

He said that he knows that.

then he's an idiot.

So I told him to pay me on time because I shouldn't have to wait if a court won't.

What are you smoking?

Then he told me that since I don't have a job at the moment, and even though my parents are helping me, he can get Child support from the government for himself...is this true?

you two deserve each other.

We have no court order, I have full custody, and he hardly ever sees our daughter by his choice. So, can he really get money from the government?

That depends on a full assessment of the situation which you have yet to reveal to us.

That just doesn't seem right to me. Or is this just something that he could do if we went to court and got a court order for childsupport and visitation? I'm trying to avoid going to court for as long as I can because it's just too expensive. I know eventually I'll have to though.

you are a fool. The longer you refuse to go to court the longer he can tell you to kiss his ass. At this point he doesn't have to pay you one red cent because he is NOT the father.

Most importantly, he's a bartender and says that since his tips aren't on paper, then he'd only have to pay childsupport based on what the bar pays him a month. Which is only about $700, where in reality with the tips he makes, he earns around $3000 a month. Isn't it illegal not to claim your tips for tax purposes?

That depends.

What would a judge do if we went to court and my ex told him that he's a bartender but doesn't make tips?

How the hell should we know? What judge? What court? what time of day and what mood is the judge in?

That's a BLATENT lie.

Prove it.

Eventually I'm going to need a higher amount of CS from him and I'm worried that I"m not going to be able to get it because there are no records of his tip money.

and what are YOU doing to support YOUR child?

 

[Ohiogal]

What is the name of your state? Florida

My daughter is almost 3 months old and her father and I (we were never married) are split up.

He is not the legal father then in the court's eyes -- did you have paternity established? Oh you didn't?

He is almost a month late on child support (a verbal agreement between the two of us) of $150.

Your verbal agreement is worth the paper it is printed on. He doesn't have to pay you anything and quite frankly SHOULD NOT pay you anything without a court order. Instead he should be sticking that money in the bank and waiting for the court to tell him to pay.

I told him yesterday that if he had to pay the state CS and was late then they would put him in jail. He said that he knows that.

You are both wrong. it would take several months of arrearages and arrearages in the thousands of dollars before they would look at jail. There are other alternatives they would look at first.


So I told him to pay me on time because I shouldn't have to wait if a court won't. '

the court will because the court itself doesn't care. Nor does CSEA if payments are a month behind. The only one whining is you.

Then he told me that since I don't have a job at the moment, and even though my parents are helping me, he can get Child support from the government for himself...is this true? We have no court order, I have full custody, and he hardly ever sees our daughter by his choice. So, can he really get money from the government? That just doesn't seem right to me. Or is this just something that he could do if we went to court and got a court order for childsupport and visitation? I'm trying to avoid going to court for as long as I can because it's just too expensive. I know eventually I'll have to though.

Poor baby. YOur child does NOT have a father at this point and your ex has no obligation or responsibility to her. He might be able to get money.

Most importantly, he's a bartender and says that since his tips aren't on paper, then he'd only have to pay childsupport based on what the bar pays him a month.

Could be.

Which is only about $700, where in reality with the tips he makes, he earns around $3000 a month.

Can you PROVE THAT?


Isn't it illegal not to claim your tips for tax purposes? What would a judge do if we went to court and my ex told him that he's a bartender but doesn't make tips? That's a BLATENT lie. Eventually I'm going to need a higher amount of CS from him and I'm worried that I"m not going to be able to get it because there are no records of his tip money.

Some bartenders don't make tips. Prove that he does. You are going to NEED more CS? Hmmmm... maybe you should get a job and that way you could support your child and NOT your parents.

 

[BelizeBreeze]

ECHO...ECHo...ECho...Echo...echo.....

 

[LdiJ]

Well...the only thing that I disagree with in any of the answers is that he has any possibility of getting any money from the state for the child.

He is not legally the father and is not the custodial parent....therefore he cannot get squat from the state for the child.

 

[stephgts]

so he wouldn't go to jail for not paying CS if the court ordered it? Didn't know that. So then what are the penalties for not paying on time? As for what I'm doing to support my daughter? I'm giving her a good home environment, going to school, and breastfeeding. I have support from my family but he is still responsible. Maybe not through the courts eyes. Yes, I know that he doesn't have to pay me ONE CENT, why do you think I'm on here asking questions about child support? My child is happy and healthy and personally, him not paying me the agreed $150 a month on time is not worth going to court at the moment. I don't need the amount of money that the court is likely to set CS at right now and going for $150 is rediculous. What I am doing on here is asking questions about CS for the future when I've got my degree, move out and need money from him because my parents won't be helping anymore. As for what the judge would say, don't judges base their decisions based on prior case rulings that are similar situations? I thought that was so, that's why I'm asking.

 

[BelizeBreeze]

so he wouldn't go to jail for not paying CS if the court ordered it? Didn't know that.

Where did you study U.S. History? Debtor's prisons were abolished a few centuries ago.

So then what are the penalties for not paying on time?

What CS? As of right now there IS no CS.

As for what I'm doing to support my daughter?

ahhhhh...ummmm. GET A JOB.

I'm giving her a good home environment, going to school, and breastfeeding.

Excuses. NOT legal reasons to not support your child.

I have support from my family but he is still responsible.

No he is not. He's not even the father.

Maybe not through the courts eyes.

That's right.

Yes, I know that he doesn't have to pay me ONE CENT, why do you think I'm on here asking questions about child support?

good question. So far you haven't asked one relevant question.

My child is happy and healthy and personally, him not paying me the agreed $150 a month on time is not worth going to court at the moment. I don't need the amount of money that the court is likely to set CS at right now and going for $150 is rediculous. What I am doing on here is asking questions about CS for the future when I've got my degree, move out and need money from him because my parents won't be helping anymore. As for what the judge would say, don't judges base their decisions based on prior case rulings that are similar situations? I thought that was so, that's why I'm asking.

listen. YOu are also responsible for supporting your child. At the present time, your parents are supporting you AND your child. Do you honestly think your ex is the ONLY one who will be court ordered to support the child?

If you do not work an income will be imputed to you. What you COULD make if you weren't going to school. That income will be used along with his provable income and the cs will be based on that.

If you don't really need the money, as you say here, then why are you here?

 

[stephgts]

.

If you don't really need the money, as you say here, then why are you here?

As I wrote I was wondering if he could get money from the goverment for Child support and I was also wondering about him not claiming his tips and how that would effect the amount of CS that the judge would have him pay. I was wondering this because when I do take him to court for CS it will be when I ACTUALLY need it. Like I said, I'm asking about CS for FUTURE reference. I do not need it right now and that's why I"m not taking him to court. I will need it in the future and that's why I'm HERE asking questions. Is there something wrong with finding out the information I will need before I actually need it?

 

[Ohiogal]

As I wrote I was wondering if he could get money from the goverment for Child support and I was also wondering about him not claiming his tips and how that would effect the amount of CS that the judge would have him pay. I was wondering this because when I do take him to court for CS it will be when I ACTUALLY need it. Like I said, I'm asking about CS for FUTURE reference. I do not need it right now and that's why I"m not taking him to court. I will need it in the future and that's why I'm HERE asking questions. Is there something wrong with finding out the information I will need before I actually need it?

Quite frankly you are an idiot. You seem the have the idea that CS is to support you and help you pay for things you want when you decide to grow up and be responsible. It is not a blank check you can have filled out when you decide you want extra money. That is NOT what CS is. What CS is a portion of the cost it takes to raise a child. A portion! Not the whole thing and not increasing based on the fact that you decide you have to move out and get a three bedroom house or a two bedroom apartment instead of camping with mommy and daddy. You would have to prove that he is underreporting his actual income. If you can't prove that it doesn't matter. And child support is NOT for you -- it is for your child. Simple concept but apparently difficult for you to grasp. You should have been finding out this information before you gave birth so that you would know but then again that would be a responsible adult.

 

[stephgts]

Quite frankly you are an idiot. You seem the have the idea that CS is to support you and help you pay for things you want when you decide to grow up and be responsible. It is not a blank check you can have filled out when you decide you want extra money. That is NOT what CS is. What CS is a portion of the cost it takes to raise a child. A portion! Not the whole thing and not increasing based on the fact that you decide you have to move out and get a three bedroom house or a two bedroom apartment instead of camping with mommy and daddy. You would have to prove that he is underreporting his actual income. If you can't prove that it doesn't matter. And child support is NOT for you -- it is for your child. Simple concept but apparently difficult for you to grasp. You should have been finding out this information before you gave birth so that you would know but then again that would be a responsible adult.

Um, DUH. Of course CS is a portion of what it takes to raise a child. Currently my parents are covering that because they WANT to. So when I do get a job and DO move out and everything is going to be paid by ME then I will need to know about getting CS from him for help with our daughter. Do you have problems with reading? Cause it really seems like you're the idiot here. Did I not specifically write that I do not currently need the money and that I will need it in the FUTURE when I move out? Did I not SPECIFICALLY say that when I move out my parents will not be helping me any longer? Does it NOT make sense to you that I would need CS then? As for finding out before I gave birth, shoulda coulda woulda, whatever. I'm finding out now aren't I? You are a rude and miserable person.

 

[haiku]

Um, DUH. Of course CS is a portion of what it takes to raise a child. Currently my parents are covering that because they WANT to. So when I do get a job and DO move out and everything is going to be paid by ME then I will need to know about getting CS from him for help with our daughter. Do you have problems with reading? Cause it really seems like you're the idiot here. Did I not specifically write that I do not currently need the money and that I will need it in the FUTURE when I move out? Did I not SPECIFICALLY say that when I move out my parents will not be helping me any longer? Does it NOT make sense to you that I would need CS then? As for finding out before I gave birth, shoulda coulda woulda, whatever. I'm finding out now aren't I? You are a rude and miserable person.

child support is for support of the CHILD, not YOU, so consequentially it does not matter where YOU choose to live as you should already be able to support YOURSELF without anyones help, parents, or ex boyfriend.

Get a JOB sweetheart, breastfeeding is NOT consdered legal financial support.

 

[acmb05]

Quite frankly you are an idiot. You seem the have the idea that CS is to support you and help you pay for things you want when you decide to grow up and be responsible. It is not a blank check you can have filled out when you decide you want extra money. That is NOT what CS is. What CS is a portion of the cost it takes to raise a child. A portion! Not the whole thing and not increasing based on the fact that you decide you have to move out and get a three bedroom house or a two bedroom apartment instead of camping with mommy and daddy. You would have to prove that he is underreporting his actual income. If you can't prove that it doesn't matter. And child support is NOT for you -- it is for your child. Simple concept but apparently difficult for you to grasp. You should have been finding out this information before you gave birth so that you would know but then again that would be a responsible adult.

And what happens when she does finally get around to trying to get child support in say (3 years) that he gets a DNA test to establish paternity and find out it is not his child.

I LOVE WOMAN LIKE THIS.

 

[Ohiogal]

And what happens when she does finally get around to trying to get child support in say (3 years) that he gets a DNA test to establish paternity and find out it is not his child.

I LOVE WOMAN LIKE THIS.

Well that is part and parcel what OP should have been doing -- getting a DNA test, establishing legal paternity and going through the courts. Instead she lives off of mommy and daddy and gripes because he is a month behind paying $150 he doesn't have to pay which may not be any more than what he would actually be ordered to pay when she goes through the courts. The fact that paternity is not established yet leads me to believe that daddy may not be daddy but his money sure as hell is convenient so she can do nothing and have mommy and daddy give her funding.

 

[Ohiogal]

Um, DUH. Of course CS is a portion of what it takes to raise a child. Currently my parents are covering that because they WANT to. So when I do get a job and DO move out and everything is going to be paid by ME then I will need to know about getting CS from him for help with our daughter. Do you have problems with reading? Cause it really seems like you're the idiot here. Did I not specifically write that I do not currently need the money and that I will need it in the FUTURE when I move out? Did I not SPECIFICALLY say that when I move out my parents will not be helping me any longer? Does it NOT make sense to you that I would need CS then? As for finding out before I gave birth, shoulda coulda woulda, whatever. I'm finding out now aren't I? You are a rude and miserable person.

Nope -- not a rude and miserable person -- an attorney who believes that parents should be responsible. Mommy and daddy shouldnt' be covering you. YOU should be supporting your child now. You apparently DO need the money because you are NOT supporting you child. It makes sense that YOU should have thought about working from the time you found out you were pregnant. YOU are the one responsible for support --not your parents. Nice parents to support your way. But just because they stop supporting you doesn't mean daddy will be picking up the slack. YOU will be the one who will have to pick up the slack. That is a fact.

 

[CJane]

Heh. OP, are you actually under the impression that when you file for CS, you'll get it?

Let me tell you a story.

Dick and Jane are in a relationship. They have a baby - unplanned, but welcomed. Dick turns out to be... well, a dick, and leaves. When it comes time to put the baby in daycare, Jane needs CS and files through the state.

Dick continues living up to his name and files a request for a paternity test. Because he signed the AOP at the hospital, declaring himself the father, the state refused his request. So, Dick files an action in court to establish paternity.

8 months later, he drops everything and begins paying child support in the amount of $80/week.

8 months. And if he falls behind at any point, nothing will happen until he's more than $5000 in arrears.

If you want CS EVER - you might as well file for it now, and you don't need to go to court to do it... it won't cost you a dime.