Opinions on Child Support

[collegegirl]

I'm doing a paper on child support laws. I'd appreciate it if anyone, both custodial and noncustodial parents, would like give me their opinions on a few questions.

1. Are child support laws fair?
2. Does the custodial parent receive enough cs to raise a child?
3. Does the noncustodial parent have enough money left over after paying cs to live on?

Any other comments are also welcome.

Thanks!

 

[I AM ALWAYS LIABLE]

1. Are child support laws fair?

Objection. The word "fair" is vague and ambiguous. However, without waiving the objection, I would say that it all depends upon which side of the "fence" you're on - - the CP or the NCP side.


2. Does the custodial parent receive enough cs to raise a child?

Child support is supposed to be a 50/50 proposition, so the money from the NCP, in theory, shouldn't be "enough", but when the money from the CP is figured into the equation, it should then be "enough". However, it doesn't always turn out that way. CS depends highly upon the financial status of the parents, and whether the child receives an amount that would be "enough" in today's economy. Child support is not meant to give either parent a "free ride."


3. Does the noncustodial parent have enough money left over after paying cs to live on?

Irrelevant in terms of child support. No matter what amount is "left over" for a parent, the child still needs to eat, be clothed, be housed, and be educated. It's up to the parents to make sure that their income supplies the necessities of a child and, if not, to obtain a better paying job. A child's needs are the same whether from a rich or poor family, and a child doesn't care if a parent has enough money "left over" - - all a child knows is that it has to eat and survive. This is why courts "impute" certain levels of income to both parents.

IAAL

 

[lcollins]

I'll be glad to answer some of your questions:

1. Are child support laws fair? No. You can check many, many posts here to see everyone's opinion on those. It's not fair that in order to make someone pay (when you can do even that), you have to pay out the nose for an attorney to fight it, simply because the other parent doesn't feel like it. On the other hand, some are forced to pay amounts they can't afford, and everyone tells them tough luck. I also don't agree on flat percentages being paid to support a child. Not exactly 19% of my income goes to my child (more acutally) but that is all her father is required to pay.

2. Does the custodial parent receive enought cs to raise a child? In some cases yes, in other no where near enough. Just in my situation - My ex has to pay $60.80 per week for our daughter. That's it. Daycare here costs $75 at least per week. My house payment each month divided by 4 weeks is $85.60, plus power, food, clothes, and everything else you have to pay. Does this seem fair? I also have to pay for all her medical costs, and hope he will reimburse me for the 50% he is ordered to pay for that. He owes me $1000.00 right now and I'm still waiting for it - have been for 3 years now. His child support wouldn't even cover a week of day care, much less half of everything else she gets - and that's just what she has to have, not including toys, and the extra luxuries every parent gives their children.

3. Does the noncustodial parent have enough money after paying child support to live on? In some cases yes, in others it's no. Again, when some are not working (just in order to get a low child support payment), and then they go out and get a better paying job - they make plenty to live on. It's the CP that suffers the hardship. Like me, I don't have the money to hire an attorney, and if I did I could sue my ex for it, but he will never pay it so I'm stiffed agian. And the courts will do nothing, because if they throw him in jail, then he's not helping anyone - that's how they view it. Well, reality check - he's not helping any one now! He has three ex wives - I'm #2 - and he is behind in all of support payments, medical fees, and everything else he was ordered to pay and hasn't. I feel if they had stiffer penalties for these sort of actions, we wouldn't have so many problems. It goes all the way around, some NCP's manipulate the system, and some CP's do the exact same thing and it makes me sick. I hope this helps you, like I said, you can find plenty of opinions on this subject in here.

 

[tigger22472]

I think the one thing you will find everyone to agree with is that the laws aren't fair.

The one thing that you will get the CP's that don't receive their support although court odered to agree is that the authorities don't do as they say they will. A law doesn't do any good on the books if it's not enforced.

I am a CP of two children that is supposed to receive $113 a week in cs. Their father gets a break for insurance on the children and also a $14 a week break for visitation. He doesn't have insurance, he doesn't take visitation and I sure as heck don't get $113 a week. Child support offices will tell you that you have to give them all the information in order for them to find a deadbeat parent. Now, if I knew where he worked I wouldn't have as much of a problem. I've had them tell me over and over again that they don't have the system to put a SS# in to find where they pay taxes from so we Cp's sit here and wait.

One of the biggest thing you will probably find here is that in most every state cs and visitation are separate issues. Although I don't necessarily agree that visitation should be withheld from a parent for not paying support for there are certain reasons that NCP's can't pay for we all hit a bump in the road somewhere however as in my case my ex continues to avoid paying support but yet if he were to ever show up at my door he can see the children any time he wants.

My state and many other states I've found say how they are going to do this or they are going to do that. However I've found that more often then not they continue to let NCP's who don't pay get away with it. They will order them to pay a small amount over what they are ordered to pick up on the arrearage and then it can take years to get back into court to prove they still aren't doing it.

I can not state how it is for a NCP for I have not been put in that position so these are just my opinions from my situation and what I've experienced.

 

[lcollins]

Just another point to make - My uncle now has custody of his 3 yo son and 1 yo daughter. He has an older son he isn't court ordered to pay support on, and one he is. He sees his oldest son, his second son he hasn't seen (except in passing) in almost three years because the mom avoids him like the plague and is constantly requesting CSE take him to court for more child support. My uncle's wife took off without so much as a see you later. Having to take care of his two children, he also lost a job and was out of work, yet was still making an effort to find a job and pay his support back up. Well, CSE took him to court for contempt and he was thrown in jail for being 2100.00 behind, and couldn't pay $500 on the spot like the judge wanted. Now that same day, a woman came in who was $19000.00 behind in support and said she couldn't find a job bacause her "leg gave out on her all the time". Judge sent her home and told her to find something where she could sit down. What's that up with??? Who knows how these people decide what they decide. Some times it is just flat out ridiculous.

 

[haiku]

what IAAL said!

 

[collegegirl]

I appreciate everyone's responses. I am researching the child support laws but also want opinions of the people those laws affect. I hope that I can get some noncustodial parents' opinions, too. You are all helping a lot!

 

[tammy8]

No the laws are not fair for everyone involved but especially for the kids. IMHO if child support was not an issue, then custody battles would be unheard of.

My husband and I have continually had his kids more days a month than the bm for the past 3 yrs however he still had to pay more cs than he brought home. We still managed to feed, clothe, and shelter the kids and ourselves while bm was able to not work, buy new cars and big house. BM has never bought any clothes or shoes for the kids, she has never paid for any field trips or ball teams, we have done it all. I can't tell you the last time new clothes were purchased for me or my husband but bm never wears the same clothes twice. Even the kids see this but what can be done? It took us 3 yrs to see a judge for modification of custody and although last month we had the kids 20 out of 28 days my husband is still paying bm $200 a month. BTW we didn't owe bm but $5 a month in cs but this was the least she would accept to sign the custody modification papers. It was her payoff. Because after 3 yrs of attorney fees we couldn't afford anymore, we had to agree instead of modification being dragged out even longer. Where is this fair?

I realize this is not the case for a lot of parents but from knowing many NCP, I believe it is the norm. CP get the money and NCP get the leftovers.

 

[Chingolina]

Wife of ncp

1. Are child support laws fair? No THey are not be very fair we have not problem paying the child support but there should be more fairness in it. We pay 75% of the estamated cost when the mother make more than my husband and the person receiving the child support can spend it on any thing (drugs, alcohol, live in boyfriend) and there is nothing you can do.

2. Does the custodial parent receive enough cs to raise a child? I think in our case the child lives on more the her father does. i think if each parent is providing 50% each child should be able to.

3. Does the noncustodial parent have enough money left over after paying cs to live on? No My husband Makes 1400 before taxes and child support a month after paying out 250 to taxes and 400 a month for child support and 75 for insurance he is left with 675 a month to live on. That basicly covers rent and some groceries. What about insurance carpayments electric gas water i am not even adding luxceries. If it wasn't for the fact that i work he would never make it. i don't know how some of these single men make it. not only that we have to go and fight for visitation it is not just given you have to fight tooth and nail just to see the child and it is a constant and costly battle did i mention we also have to provide dental and vision expenses

 

[tammy8]

not only that we have to go and fight for visitation it is not just given you have to fight tooth and nail just to see the child and it is a constant and costly battle did i mention we also have to provide dental and vision expenses


The funny thing was when my husband went to social services to have his child support taken out of his check so bm couldn't keep him in court for supposely non support, he asked the social worker to help him be able to see his kids, the social worker looked at him like he was scum and told him that was not her problem that he would have to hire an attorney. While I understand that social services has a lot of problems to solve, it seems as though money is the only thing they care about.

 

[lcollins]

Going on something tammy8 mentioned - is it just me or does it seem like rudeness is one of the qualifications to work there? I'm a CP trying to get my ex to pay his child support, and I can't stand them (and they are supposed to be helping me???)

 

[collegegirl]

Would anyone like to add anything before I finish my paper this weekend? I'd appreciate it!

 

[2wife]

Wife on NCP

No the laws aren't fair. My husband was divorced in 1992 and was told he had to pay $500.00 a month for his little girl who was 2 at the time. His monthly gross was $1700. Does anyone see a problem with this. In 1995 when we got married we had it reduced to $238.00, from then on every 3 years they try to modify the support for more money. Now it is 2002, me & my husband have 2 children besides my step daughter who is 11. Since my husband make around $45,000 a year the state is trying to make him pay $477.00 a month (80.5%) of the child care chart. The x is building a new house and we are still renting. I barely have enough each month after paying for everything which is a necessity to live. So NO the NCP has to pay out to a lawyer to fight which we have to come up with that. I guess we will see how much in a few weeks.

Hope this helps

 

[alphagirlzk]

We live in Texas and what I don't understand is why the Cp's income is not taken into consideration at all. They take out 20% of DH's income. I guess they figure if the CP wants their child to have a better life that what the NCP brings in then they will get a job. If parenting is a 50/50 partnership which it seems to be spelled out that way b/c CP and NCP are to pay 50% each of left over medical bills and things of that nature, then why is it not a 50/50 partnership in relations to taking care of the child financialy? And from personal expierence CSE is not help to either CP or NCP. I have asked questions in efforts to help out he CP and their response is to get a lawyer. They are there to help no one. They do their state job and get their biweekly paycheck and forget about doing their REAL job.

 

[TxStep]

Apparently, some child support laws are unconstitutional! See the ruling on the following website. This should be great help in writing your paper.

http://www.gachildsupport.org/

P.S. Thanks to Veronica Gia for the link.