NCP stay at home dad oweing back child support?

[jubes]

What is the name of your state? Washington State


For the past year my fiance and self have been working an opposite schedule, him in the morning and myself at nights due to the arrival of our unexpected son.

My fiance pays child support for 2 children with his ex wife. We tried to get the child support adjusted with the arrival of our son but DCSE said they can't touch it for 5 years because the courts signed off on it.

Our current position is that we both work retail so we don't make that much money to begin with and with the arrival of our son we can't afford day care because 33% of my fiance's check is taken out for child support leaving roughly 180 a week for other expenses on his part and I bring home around $220 a week. And with his position he has not time to pick up his 2 girls that he's paying child support for.

My question is if he became a stay at home dad would he owe what he currently does in back child support for the months he is out of work? I would be able to make as much as we make now combined since I would be able to open up my schedule. I want him to be able to see his girls more as we see them only 1 time a month.

The mother would never agree for joint custody because she relies on the child support greatly.

Would the courts simply tell my fiance to get a new job?

 

[enjay]

Would the courts simply tell my fiance to get a new job?

Yes. He wouldn't be the first person to try to get out of paying his support, arrears or otherwise.

 

[stealth2]

Seriously - what do YOU think the answer to your question is? Or don't you believe he has as much - if not more - responsibility for caring for the children he had before the one he made with you?

 

[Zephyr]

one of you certainly need to aggressively work on your earning power...

 

[CourtClerk]

What is the name of your state? Washington State


For the past year my fiance and self have been working an opposite schedule, him in the morning and myself at nights due to the arrival of our unexpected son.

A full term pregnancy is 40 weeks. At some point, your son is expected.

My fiance pays child support for 2 children with his ex wife. We tried to get the child support adjusted with the arrival of our son but DCSE said they can't touch it for 5 years because the courts signed off on it.

That's right...

Our current position is that we both work retail so we don't make that much money to begin with and with the arrival of our son we can't afford day care because 33% of my fiance's check is taken out for child support leaving roughly 180 a week for other expenses on his part and I bring home around $220 a week. And with his position he has not time to pick up his 2 girls that he's paying child support for.

Their current position, along with the position of the family court is that if you know you're already living in povery, then a box of condoms and a prescription for birth control cost a lot less than adding another mouth to the household. In other words, if you already know you live in poverty, don't make anymore babies. Visitation and support are 2 different beasts. One has nothing to do with the other.

My question is if he became a stay at home dad would he owe what he currently does in back child support for the months he is out of work? I would be able to make as much as we make now combined since I would be able to open up my schedule. I want him to be able to see his girls more as we see them only 1 time a month.

If he became a stay at home dad, then yes, he would accumulate arrearages in the amount that he currently owes, find himself in contempt and eventually may find himself in jail only to be able to get out after coming up with a large lump sum payment. I would surmise that on your joint income, you would hardly be able to afford that, so don't try it.

The mother would never agree for joint custody because she relies on the child support greatly.

Oh well.

Would the courts simply tell my fiance to get a new job?

I don't know if they'd specifically tell him to get a new job (although he should - those working in retail can usually not afford a family), however they will tell him to either pay the support, or suffer the consequences. Those include suspension of his driver license, the inability to obtain a professional license if he ever decides to do better in life, tax intercepts, jail.....