Child support while the father is in college

[bcarr3506]

What is the name of your state (only U.S. law)? New York State


I am in the middle of a custody battle with my 3 year old son's father. He attends college full time. We have a temporary order of $30 a month, and the judge said something about not getting much more because he is in school and not working as much, therefore cannot pay much more than the $30. She said that he is bettering himself and our childs future by going to college. I requested a hearing because I don't think this is fair. I work full time and will be starting school part time this upcoming semester. If I were to quit my job and attend full time, I would need to depend on the state to pay my bills and help me support my son. He left for college a year after our son was born.

Shouldn't he have to pay more? Can't he be forced to work? Why is it that I can work full time, attend school, and raise a child... but he can't work 20 hours or so a week to help support his son? Or even ten?! Especially when he admits to the judge that he has a bill of over $100 for his cable and internet?? How can the law NOT enforce this? Is there anything I can do?

 

[Silverplum]

What is the name of your state (only U.S. law)? New York State


I am in the middle of a custody battle with my 3 year old son's father. He attends college full time. We have a temporary order of $30 a month, and the judge said something about not getting much more because he is in school and not working as much, therefore cannot pay much more than the $30. She said that he is bettering himself and our childs future by going to college. I requested a hearing because I don't think this is fair. I work full time and will be starting school part time this upcoming semester. If I were to quit my job and attend full time, I would need to depend on the state to pay my bills and help me support my son. He left for college a year after our son was born.

Shouldn't he have to pay more? Can't he be forced to work? Why is it that I can work full time, attend school, and raise a child... but he can't work 20 hours or so a week to help support his son? Or even ten?! Especially when he admits to the judge that he has a bill of over $100 for his cable and internet?? How can the law NOT enforce this? Is there anything I can do?

Normally, we'd all tell you (or him) that he has a child to pay for, he must postpone his education, etc. That is correct.

However, your judge, who IS in control of this situation, has apparently excused him. All you can realistically do is wait for him to graduate and get a job, and file for a modification.

 

[Zigner]

My question is this: Was the father in school when the child was conceived? When born?

 

[kip77]

What is the name of your state (only U.S. law)? New York State


I am in the middle of a custody battle with my 3 year old son's father. He attends college full time. We have a temporary order of $30 a month, and the judge said something about not getting much more because he is in school and not working as much, therefore cannot pay much more than the $30. She said that he is bettering himself and our childs future by going to college. I requested a hearing because I don't think this is fair. I work full time and will be starting school part time this upcoming semester. If I were to quit my job and attend full time, I would need to depend on the state to pay my bills and help me support my son. He left for college a year after our son was born.

Shouldn't he have to pay more? Can't he be forced to work? Why is it that I can work full time, attend school, and raise a child... but he can't work 20 hours or so a week to help support his son? Or even ten?! Especially when he admits to the judge that he has a bill of over $100 for his cable and internet?? How can the law NOT enforce this? Is there anything I can do?

I would think of the long term as opposed to the short term. Yes it would be nice to have more right now for the short term. But, with a college degree he will earn more which will mean more child support for your child in the long term. It's only my opinion but I would try to tough it out for now. Be glad he's trying to better himself which in turn will help you and your child.

 

[Cainlord]

Wow, only $30 huh? When I got my papers and all, I was in college but was to pay about $170 a month in support. This was quite some time ago too.

If the judge pretty much is giving him a pass, not sure what you can do there.

I have heard in other cases as far as people just not working or working jobs that pay less than what they could make in the judges eye, they impute income on them. Others here can speak better to that. But if you really want to push the issue, you could speak with a lawyer and see if something like that could be done.

 

[Proserpina]

What is the name of your state (only U.S. law)? New York State


I am in the middle of a custody battle with my 3 year old son's father. He attends college full time. We have a temporary order of $30 a month, and the judge said something about not getting much more because he is in school and not working as much, therefore cannot pay much more than the $30. She said that he is bettering himself and our childs future by going to college. I requested a hearing because I don't think this is fair. I work full time and will be starting school part time this upcoming semester. If I were to quit my job and attend full time, I would need to depend on the state to pay my bills and help me support my son. He left for college a year after our son was born.

Shouldn't he have to pay more? Can't he be forced to work? Why is it that I can work full time, attend school, and raise a child... but he can't work 20 hours or so a week to help support his son? Or even ten?! Especially when he admits to the judge that he has a bill of over $100 for his cable and internet?? How can the law NOT enforce this? Is there anything I can do?

He will not be forced to work, no. He may be imputed an income at the judge's discretion but from the sounds of it...it's a no-go. Did you appeal the decision? Is that what the hearing is for?

(Re the internet bill - he could very easily say that he needs internet access to facilitate his college studies...)

 

[Just Blue]

What is the name of your state (only U.S. law)? New York State


I am in the middle of a custody battle with my 3 year old son's father. He attends college full time. We have a temporary order of $30 a month, and the judge said something about not getting much more because he is in school and not working as much, therefore cannot pay much more than the $30. She said that he is bettering himself and our childs future by going to college. I requested a hearing because I don't think this is fair. I work full time and will be starting school part time this upcoming semester. If I were to quit my job and attend full time, I would need to depend on the state to pay my bills and help me support my son. He left for college a year after our son was born.

Shouldn't he have to pay more? Can't he be forced to work? Why is it that I can work full time, attend school, and raise a child... but he can't work 20 hours or so a week to help support his son? Or even ten?! Especially when he admits to the judge that he has a bill of over $100 for his cable and internet?? How can the law NOT enforce this? Is there anything I can do?

What was he doing BEFORE school? Was he working at a McJob?

 

[bcarr3506]

No, he was not in school when our son was born. He didn't leave for college until he was a year and a half old... he is in his 3rd year now, and has 3 more to go.

The hearing, to my understanding, is so I can explain to the court why I would like the father to pay more money. It will go into more detail than the initial appearance did.

Before he went to college, he was working part time... more than he does now. But might I add that we were both young when the baby was born and he was a junior at the time of the birth.

I understand that an education will be best in the long run, and will help him be able to better provide to his child... but what about back child support? Is there a way that he can make higher payments of support after school to make up for what he's not paying now, in addition to the payments he is ordered at the time?

I guess I'm just confused about the fact that he can't be ordered to pay more. Education is great, but our son came along before any of that... shouldn't that change the situation? Isn't that the greater responsibility? I'm struggling to get by and work my butt off to keep food on the table but he gets off paying $30 a month and partying every weekend at school? His first year of school he paid me $100 a month and that wasn't court ordered. The second year, he refused to pay me at all... and now this! If he could afford the $100 the first year, he should be able to afford it now!


Thank you all for your advice!!

 

[Zigner]

One should never rely on child support to meet the basic necessities.

No, he was not in school when our son was born. He didn't leave for college until he was a year and a half old... he is in his 3rd year now, and has 3 more to go.

The hearing, to my understanding, is so I can explain to the court why I would like the father to pay more money. It will go into more detail than the initial appearance did.

Before he went to college, he was working part time... more than he does now. But might I add that we were both young when the baby was born and he was a junior at the time of the birth.

I understand that an education will be best in the long run, and will help him be able to better provide to his child... but what about back child support? Is there a way that he can make higher payments of support after school to make up for what he's not paying now, in addition to the payments he is ordered at the time?

I guess I'm just confused about the fact that he can't be ordered to pay more. Education is great, but our son came along before any of that... shouldn't that change the situation? Isn't that the greater responsibility? I'm struggling to get by and work my butt off to keep food on the table but he gets off paying $30 a month and partying every weekend at school? His first year of school he paid me $100 a month and that wasn't court ordered. The second year, he refused to pay me at all... and now this! If he could afford the $100 the first year, he should be able to afford it now!


Thank you all for your advice!!

 

[Silverplum]

I understand that an education will be best in the long run, and will help him be able to better provide to his child... but what about back child support? Is there a way that he can make higher payments of support after school to make up for what he's not paying now, in addition to the payments he is ordered at the time?

Thank you all for your advice!!

I didn't find anything to support your theory.
Law links at this site linked below (to which I have no connection, it's just info):
http://www.jdbar.com/Articles/basic-child-support.html

 

[ProSeDadinMD]

What is the name of your state (only U.S. law)? New York State


I am in the middle of a custody battle with my 3 year old son's father. He attends college full time. … He left for college a year after our son was born.

No, he was not in school when our son was born. He didn't leave for college until he was a year and a half old... he is in his 3rd year now, and has 3 more to go.
…

Before he went to college, he was working part time... more than he does now. But might I add that we were both young when the baby was born and he was a junior at the time of the birth.

…

Ok, there’s something really screwy with this timeline.

Child is 3y.o. Dad was apparently a junior in high school when the child was born and didn’t go to college until Junior was 1 and a half years old. How exactly is Dad in his 3rd year of a 6 year program?

How old are you both?

What exactly is your custody "battle" about?

 

[Nocgirl]

$30 a month does not even cover diapers or pull ups. I think the judge was wrong here but what can you do? Dad should not get the luxury of not working when he has a child to support, same with mom. There are many moms who go to school full time and don't want to work and I do not agree with that either.

Dad should at least have to pay $100/month and he should have an income based on at least part time. the judge here appears to have alot of discretion.

 

[nextwife]

$30 a month does not even cover diapers or pull ups. I think the judge was wrong here but what can you do? Dad should not get the luxury of not working when he has a child to support, same with mom. There are many moms who go to school full time and don't want to work and I do not agree with that either.

Dad should at least have to pay $100/month and he should have an income based on at least part time. the judge here appears to have alot of discretion.

Did he have an income when you were together, and then CEASE having an income to avoid child support, or is his current income comparable to what it was when you chose him as the father of your child?

 

[bcarr3506]

To ProSeDadinMD :

The timeline is not "screwy", my son will be 4 in March. He was born in 2006... Dad left in 2007 for college for his first year, 2008 was his second, and now (2009) is his third. What difference does age make anyways? It doesnt define anything about parenting. The battle is basically between me and him/his parents, who think they need to see their grandson every weekend and some days inbetween for dinners. It's ridiculous....Can we remember who the parents are here?

To nextwife :

No, his income has not changed too much. He worked a few days a week for a few hours at a time before he left for college (he doesn't think he needs to get a job on campus). His school is 3 hours away so he is only working when he happens to come home on breaks or weekends. BUT the point is that before he went to school, he helped provide things for our son because he was around to work and to do so. Now he's not around and hardly works.

What is so difficult about getting a job by his school and working a few hours a week??? He is a PARENT who needs to be responsible and act like one.

 

[Ohiogal]

To ProSeDadinMD :

The timeline is not "screwy", my son will be 4 in March. He was born in 2006... Dad left in 2007 for college for his first year, 2008 was his second, and now (2009) is his third. What difference does age make anyways? It doesnt define anything about parenting. The battle is basically between me and him/his parents, who think they need to see their grandson every weekend and some days inbetween for dinners. It's ridiculous....Can we remember who the parents are here?

To nextwife :

No, his income has not changed too much. He worked a few days a week for a few hours at a time before he left for college (he doesn't think he needs to get a job on campus). His school is 3 hours away so he is only working when he happens to come home on breaks or weekends. BUT the point is that before he went to school, he helped provide things for our son because he was around to work and to do so. Now he's not around and hardly works.

What is so difficult about getting a job by his school and working a few hours a week??? He is a PARENT who needs to be responsible and act like one.

And he is. He was paying $100 a month as a minor most likely because mom and dad were GIVING HIM the money to give to you. He is now a legal adult but quite frankly the judge is making him pay minimal child support so that he can pay more later. Quite frankly you most likely are not going to win a thing if you try to fight this. The understanding of the Court and the ruling makes sense.

YOU are the one who decided to have a baby with a child. This is one of the consequences.