For my friend

[Rochelle]

What is the name of your state? MS

Ok, I will try to remember everything she wants me to ask. A friend of mine, Beth, has been seperated from her husband, James, almost a year. They have a 6 year old son. They had a temporary hearing the end of June. James has to pay child support, of course, and keep medical until they go back to court in October, and some other stuff but I can't remember all of it. Beth said that James told her he was going to fight the amount of child support he has to pay because she lives in a house that is paid for so she has no house note (her father left it to her when he died) and her car is paid for so no car note, and Matthew is in school so there is no day care fee. He said that since she makes almost as much as he does, her income is really greater than his since he has rent, a car payment, etc. I told her I'd come here and ask her questions for her. I have read enough on here to guess what the answers are, but I didn't want to say for sure.

1. Can her lack of expenses be considered when figuring the child support amount? I told her I thought it was based on a percentage of his income, but I could be wrong.

2. He said he is paying rent, and produced a lease, but Beth thinks it is a fake and he is living with his mother. If she can prove this, what does she need to do?

3. James said he wanted to claim Matthew on his income tax, if he does have to pay the same amount of child support, since he was "shouldering the greater burden". How is that figured or does the custodial parent always claim the child?

Thanks in advance.

 

[hexeliebe]

The Mississippi child support calculator can be found here:

http://www.divorcehq.com/calculators/ms_supportcalc.shtml

The specific code reference is this:

CHILD SUPPORT: Child support may be ordered as the court finds just and equitable. Where both parents have income or estates, each parent may be ordered to provide support in proportion to his or her relative financial ability. A parent may be required to provide health insurance coverage for the child, if such insurance coverage is available at a reasonable cost through an employer or organization. Bond or sureties may be required to guarantee payments. [Mississippi Code Annotated; Section 93, Chapters 5-23, and 11-65].

If you want to read the specific code click on the following link:

http://198.187.128.12/mississippi/lpext.dll?f=templates&fn=fs-main.htm&2.0

Then on the left side click on Title 43, chapter 19 then go to § 43-19-101. Child support award guidelines.


This will tell you everything you need to know.

Also, tell her to hire an attorney. Just because you may know the law (or her) doesn't mean it will be applied equitably.

 

[Rochelle]

Hey, I don't claim to know family law at all. I just know what I've read on here, generally speaking. She has an attorney, but she's not real thrilled with her, from what I understand. I think she just didn't understand what her attorney was telling her about child support and so on.

Anyway, thanks for the link. I'll make sure and get it to her.

 

[DChristian112]

States are different, I know this.
BUT- I just wanted to share this with you Rochelle, pass it on to your friend.
My ex, when he had to re-submit his expense form to the CSE, tried to conjure up all of these ludicrous expenses that he claimed to have. All of these debts, rent, utilities, etc. I just laughed, as I knew he was living at home with his Mom and Dad, and I KNEW they would never charge their dear son rent or living expenses, as he is barely ever there!What was funny was when he pleaded for the courts to understand his bills, the court magistrate simply said "You should of thought of all of this before you decided to produce children" and ordered 31% of his monthly income to go to me. (For child support that is)
Not all states factor in what the CP is or is not paying for in living expenses. Child Support is for the support of the child, clothes, food, etc.
But yes, do contact an attorney!
Good Luck and God Bless!

 

[tigger22472]

The tax issue is something that should be put in the decree. Everyone does it differently. It wasn't put in my decree however since I have a deadbeat I've been told that I can file for my kids because I pay more then half of their support. However, your friend should put in there that they claim the child every other year... that is more fair. It should be in writing so if one year BOTH claim the child then they have proof on who had the right.