Custodial- but still pating support. Court date coming soon.

[All For Him]

What is the name of your state (only U.S. law)? FL
I am going to court in about a month to ask the judge to abate my having to pay support to the Mother, based on her not exercising much visitation. I am Primary Residential Parent on an open ended temporary order (1 1/2 years now) but the judge at the time only reduced my support payments to the mother (rather than eliminate them) based on her needing some money for her visitation periods. She has only exercised a few overnights since then, and only sees him 3-6 hours / week (some weeks not at all). I know I have posted with this situation before- but now I have plugged our financial information into the Florida child support guidelines worksheet- and this results in me having to pay her More Money. She has been deemed Disabled and is receiving Social Security (not SSI- oh well..) and this probably won't be considered income. Thus her %share of anything is $0. I have to pay %100 of the child's basic monthly obligation- and according to the guidelines- I have to pay it to her ?!? I am the one housing, feeding, providing daycare, working , etc... She provides virtually nothing. THis can't be correct, is it? I've heard it said that the Custodial Parent's support is paid by them having the child and providing for them. But I can not find anything that says this in the State Statutes. Somebody please help, so I know more about what I am arguing in court. I can;t afford a lawyer.

Do the standard support guidelines not apply when the sole wage earner is also Primary Residential Parent?

DOes anyone know where in the Statutes it may clarify this?

Perhaps case law?
Thanks

 

[Gracie3787]

What is the name of your state (only U.S. law)? FL
I am going to court in about a month to ask the judge to abate my having to pay support to the Mother, based on her not exercising much visitation. I am Primary Residential Parent on an open ended temporary order (1 1/2 years now) but the judge at the time only reduced my support payments to the mother (rather than eliminate them) based on her needing some money for her visitation periods. She has only exercised a few overnights since then, and only sees him 3-6 hours / week (some weeks not at all). I know I have posted with this situation before- but now I have plugged our financial information into the Florida child support guidelines worksheet- and this results in me having to pay her More Money. She has been deemed Disabled and is receiving Social Security (not SSI- oh well..) and this probably won't be considered income. Thus her %share of anything is $0. I have to pay %100 of the child's basic monthly obligation- and according to the guidelines- I have to pay it to her ?!? I am the one housing, feeding, providing daycare, working , etc... She provides virtually nothing. THis can't be correct, is it? I've heard it said that the Custodial Parent's support is paid by them having the child and providing for them. But I can not find anything that says this in the State Statutes. Somebody please help, so I know more about what I am arguing in court. I can;t afford a lawyer.

Do the standard support guidelines not apply when the sole wage earner is also Primary Residential Parent?

DOes anyone know where in the Statutes it may clarify this?

Perhaps case law?
Thanks

First, you need to find out what type of SS your ex is recieving.
If it is SSI, you are correct, it cannot be considered as income.

However, if it is SSDI, it is income, plus your children will qualify for SS payments also.

You really should get a consult with an attorney ASAP. You can get a low cost 30 minute consult by calling the Florida Bar Lawyer refferal service at 1-800-342-8011.

 

[All For Him]

It is not SSDI, as she has not worked enough.

 

[All For Him]

I think I'm missing something in the law. The guidelines say to add both parents' income, then divide each's income by the total to get their % share of the obligation. Then multiply by the child's basic need. You then subtract the parent with the smaller amount's obligation from that of the parent with the larger obligation. The difference is paid to the parent with the lower obligation. Under this formula, If Mom makes 20,000 and Dad makes 22,000, and Mom had the child, Dad would only have to pay her $60/month. Or, if they made the same, Dad would not have to pay to support his child ?

 

[TheGeekess]

First, you need to find out what type of SS your ex is recieving.
If it is SSI, you are correct, it cannot be considered as income.

However, if it is SSDI, it is income, plus your children will qualify for SS payments also.

You really should get a consult with an attorney ASAP. You can get a low cost 30 minute consult by calling the Florida Bar Lawyer refferal service at 1-800-342-8011.

Gracie, we've been through this with OP half a dozen times....
https://forum.freeadvice.com/child-custody-visitation-37/now-time-modify-custody-379317.html
https://forum.freeadvice.com/child-custody-visitation-37/thigs-i-dont-understand-379727.html
https://forum.freeadvice.com/child-support-98/tax-help-needed-anybody-been-through-384239.html
https://forum.freeadvice.com/child-custody-visitation-37/temporary-order-vs-permanent-modification-427326.html
https://forum.freeadvice.com/child-support-98/ssi-disability-payments-child-support-434802.html
https://forum.freeadvice.com/child-support-98/should-her-recieving-ss-end-my-need-support-her-during-her-visits-435350.html

 

[All For Him]

I'm sorry if my posts seem repetitive, but I think that is just because I am giving the same background information every time I post. I really appreciate the help I can get here. It has not only helped me, but also my son. When I first discovered this site 2 years ago I was a newly seperated Dad, and Mom had taken the baby away and told me that if I wanted to see my son again I would have to go to court. 3 weeks later I tried knocking on her door- and was subsequently served with a TRO (which was dismissed). Anyway, everything is OK for him now- expect the financial end. I've never posted before about the Child support guidelines- and how they don't seem to apply in my case. I wasn't asking about the Social Security issue, as I did learn about that a few months ago.

Thank-you