Math Questions

[curiouscat623]

I have a friend..NCP of 3 kids, with 3 different women. He actually shopped around the neighboring states to see what his CS order would be. He calculated that he would pay 200$ less a month if he moved to Ohio. He's been there ever since. If I were you I would call your local Domestic Relations office and ask them which state will calculate support.

 

[nagol818]

Good Idea

Fantastic idea to call.

I didn't realize that some NCP "shop around." My daughter's father used to live in Montana and Montana themselves told me that they don't have a very rigid CSE system in place. That was years ago though so I'm not quite sure what they're about now because he lives in Alaska. Sometimes it would take me months to find where he worked. At one point, my dad happened to be friends with the governor of Montana at the time so he made a phone call to him. Within 3 hours my dad had the NCP place of employment nailed down and attachment was made. Then he eventually quit his job and got another and I was back at square one.

To set the record straight, 9 years later the NCP became the shining example of a good parent. Heck, we even argue over summer vacation visitation now(we don't have custody/visitation orders) and I receive my CS religiously although he still owes me $20k arrears.

 

[nagol818]

You can file your paternity case prior to your child's birth and the DNA will be done after the birth unless there is a medical reason to do amnio before.

Do you mean that if I file the paternity case before the birth, the paternity test would be done in the hospital within a day or two after the baby is born?

 

[nagol818]

You can file your paternity case prior to your child's birth and the DNA will be done after the birth unless there is a medical reason to do amnio before.

Do you mean that if I file the paternity case before the birth, the paternity test would be done in the hospital within a day or two after the baby is born?

Anybody? Anybody?

 

[haiku]

you need to explore what the laws are for children of unwed parents in Pa.

until there is a baby, there is "nothing' to file for.

in most states when a child of unwed parents is born, a certificate of paternity is produced along with the birth certificate. the father is asked at birth if he wishes to sign the certificate of paternity. Usually The paternity certificate, and NOT the birth certificate is what legally makes the father a father. Even if he signs the certificate, he still has a time period to contest paternity and ask for a DNA test.

if no certificate is signed there is no legal father until you name one, regardless of whose name is on the birth certificate, unless pa is a state that requires paternity before putting the name on the birth cert. When you do name a father in court papers for support, he will be summoned to court, and he can then either willingly sign as legal dad or then demand a DNA test before doing so.

In either case, to get legal custody and/or child support requires filing in court which can take weeks and months, even a year to come to a final conclusion.

 

[curiouscat623]

PA does require establishment of paternity before a father's name can be put on the birth certificate. This includes signing the paternity affidavid...or waiting to establish DNA.

 

[nagol818]

PA does require establishment of paternity before a father's name can be put on the birth certificate. This includes signing the paternity affidavid...or waiting to establish DNA.

Yes, this is so true. And I don't have my new daughter's birth certificate from the Department of Health yet to prove it!

 

[LdiJ]

What is the name of your state?PA

I am moving so I am trying to figure out a rough budget for myself once the baby is born so I went to a child support calculator for Oregon, as I am supposed to, but I am confused on a few things. Oregon goes by gross monthly income. Is there someone who could help me figure this out?

1 child(newborn)
NCP does not have any other children
I(CP) makes $30,000 per year or $2500 per month gross
NCP makes $85,000 per year or $7083 per month gross
Daycare will cost $168 per wk
Insurance will be free(the benefits of my job )

My calculations come out to either $1282 or $1240 per month CS.

1 The reason I can't figure it out is $168 x 4 = $672 (48 weeks in year) OR $168 x 52 = $8736 / 12 = $728 (52 weeks in year). What system does CS use.....4 weeks in month or 52 weeks in year?

2 Does the total amount owed to me for CS and daycare combined seem high no matter which figure is right???? Everyone on this forum seems to collect somewhere around $300-$700.

First...you can't 100% count on child support...parents who are determined not to pay can make it very difficult for you to colllect.

What you will actually recieve monthly usually depends on how the other parent is paid. If the parent is paid weekly the amount is going to be divided by 52. If biweekly, by 26. If twice a month, divided by 24. (assuming wage garnishment)...if the parent isn't subject to wage garnishmen then it might just be a flat monthly about (divided by 12).

 

[nagol818]

First...you can't 100% count on child support...parents who are determined not to pay can make it very difficult for you to colllect.

Yes if anyone is aware of this it is me. Bio-dad of my 12 year old didn't pay for 9 years and is in arrears $20,000 but now he pays religiously. As for my new daughter, her father is too image conscience to become a deadbeat so there's a little sigh of relief. Things happen in life I know so I will always still be on my guard.

What you will actually recieve monthly usually depends on how the other parent is paid. If the parent is paid weekly the amount is going to be divided by 52. If biweekly, by 26. If twice a month, divided by 24. (assuming wage garnishment)...if the parent isn't subject to wage garnishmen then it might just be a flat monthly about (divided by 12).

Yes I am aware of this too. I'm not sure what the situation would be regarding wage garnishment.

Thanks for your valued advice.

 

[LdiJ]

You can file your paternity case prior to your child's birth and the DNA will be done after the birth unless there is a medical reason to do amnio before.

Do you mean that if I file the paternity case before the birth, the paternity test would be done in the hospital within a day or two after the baby is born?

I doubt it...It also depends on state law whether or not you can file in advance. I don't know about the state you are dealing with, but I know its not possible in mine or several others. You can certainly get an attorney on board in advance, and have the case ready to file as soon as the child is born, though.

 

[LdiJ]

My apologies from the start as it is not my intention to jack this thread, but just out of curiosity, how is that possible? What powers/persuasion can a lawyer use that a seriously concerned NCP can (that doesn't make their argument all about the benjamins )?

If a deviation is made, its usually due to hardship issues.

 

[nagol818]

What is the name of your state?PA

I am moving so I am trying to figure out a rough budget for myself once the baby is born so I went to a child support calculator for Oregon, as I am supposed to, but I am confused on a few things. Oregon goes by gross monthly income. Is there someone who could help me figure this out?

1 child(newborn)
NCP does not have any other children
I(CP) makes $30,000 per year or $2500 per month gross
NCP makes $85,000 per year or $7083 per month gross
Daycare will cost $168 per wk
Insurance will be free(the benefits of my job )

My calculations come out to either $1282 or $1240 per month CS.

1 The reason I can't figure it out is $168 x 4 = $672 (48 weeks in year) OR $168 x 52 = $8736 / 12 = $728 (52 weeks in year). What system does CS use.....4 weeks in month or 52 weeks in year?

2 Does the total amount owed to me for CS and daycare combined seem high no matter which figure is right???? Everyone on this forum seems to collect somewhere around $300-$700.

Would it be more beneficial to my child to use the shared income model using gross income or net income?

Oregon uses gross and Pennsylvania uses net. We are trying to avoid using the state system for now but the will be NCP is adamant that the laws say Pennsylvania has jurisdiction which, again, uses net income. Now, you and I both know, with just a little bit of research, that this is incorrect and I have even sent him the links. I'm just wondering if it's worth a fight with him to insist on using Oregon's gross calculations.

 

[nagol818]

If you still live in PA, then PA has jurisdiction. Until you move and establish official residency in another state, that's how it will be. When you move to another state, I believe a specific amount of time (different in each state, I think) before you can officially declare residency in that state. Just because someone has an been in the state for 6 mos. & has an apartment lease in that state doesn't mean they are an official resident of the state. Look at college kids, for example. Many of them have apartment leases and live out of state. They are still considered 'out-of-state' residents.
No, Pennsylvania does NOT take jurisdiction. Pennsylvania sends it to the NCP's state of residency. I already looked into it.
"The establishment of a child support order, or the enforcement of a child support order, will be handled by the Child Support Enforcement Agency in the noncustodial parent's state of residence. The Pennsylvania Domestic Relations Section in the county of residence of the custodial parent will serve as the custodial parent's point of contact with the other state."
"The Domestic Relations Section in the county of residence of the custodial parent will ask the custodial parent to provide information needed to complete the necessary documents that will be sent to the noncustodial parent's resident state to establish a child support order. The noncustodial parent's resident state will then use this information to establish a court order of support."
And, he HAS established residency there. His plan was to grow old in Oregon.

Even though those who see nothing but $$$ in their eyes will disagree with this, but using "gross income" is a fraud! Simple as that. Unless you're working under the table, do YOU see your gross income? No, you don't. Neither do I. We all pay federal, state and local taxes. It systems that use the gross income model that causes so many NCP's who pay child support to become "deadbroke dads." The "gross income" model is basing support on an amount that, in reality, you don't experience.
I have no idea or opinion on this because I don't know. That's why I was asking.

It seems to me, you are one of the ones who see $$$$ and nothing more.
Are you kidding me?!! This comment doesn't even deserve an answer

Does the potential father even want to be a part of this child's life?

Yes he does want to be a part of her life and he has been rediculously up my butt since she was born. Our ONLY problem is that neither of us want to relocate to the other's state.

 

[nagol818]

New Question, Continued Situation

My daughter is 4 1/2 months old now. Her dad and I are discussing when a good age would be for her to travel west with him in an airplane for 3,4 or 5 days without me. He lives out west so it's not like he's with her all the time. I say not much before 3 years old and he thinks 1 years old is good enough. We both want to be fair to our daughter and to each other so whats the general consensus on this subject? What does the average judge usually rule?

 

[pesadilla]

budget calculations

there are 4.3 weeks in a month... Not 4
you can either multilply by 4.3 to find monthly
~or~ for a little more exact
multiply by 52 then divide by 12 to find monthly