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question on child support amount and about a lawyer

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psubaby08

Member
What is the name of your state (only U.S. law)? PA

ok i've posted before so mostly all the senior members know my story. A child support conference has been set up for Dec. 29th because the paternity results finally came back proving he was the actual father and the 29th is when my ex fiancee wil be home on leave. so i just got couple questions:

1) what can i expect? what do i have to bring with me? I dont have current income right now but i start a job making 40k on Jan 5th..do i need to bring like the offer letter or anything? Also, should i have a lawyer come with me or is it pretty easy to get through without one?

2) What might be the child support amount? I know there is a program that the income gets typed into but She lives with me and thats not going to change because we've agreed he cant possibly care properly for her by himself in NC...i read like 20-30% of take home pay? is that correct? Also, he gets "dependants pay" for being in the military which is like an extra $200 or so a month..can I ask for that to be forwarded to me also?

3) about daycare, my mother is quitting her job when i start work in order to watch the baby(in my home because we live with my parents) while i work so as to not have to pay the outrageous daycare fees and have her being watched by complete strangers. Now i have told my mom i agree to pay her $600 a month (which is what she makes at her job) because i'll be clearing about $2k take home pay a month...can He be made to pay at least maybe even a quarter of it? do i need to show proof of her income and quitting so a mediator will believe I am actually paying her?

4) as far as the lawyer part of the question, How does a retainer work? I consulted with one in regards to getting custody put in writing and such and she needs a $500 retainer. Now what does that get used for? Is it better to have a lawyer working on retainer rather than hourly?

5) My last question is about taxes. I tend to file my taxes as early as possible and I'm wondering which of us will be able to claim her? she has lived with me since birth (4 months) which by tax time will turn into 5-6 months.


thanks
 


Ohiogal

Queen Bee
Folks, beware. This poster has gotten rude with seniors and deleted threads. She is now asking for more help. She has refused to answer questions regarding her situation (on at least one deleted thread) and if you tell her something she doesn't like she will resort to name calling.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? PA

ok i've posted before so mostly all the senior members know my story. A child support conference has been set up for Dec. 29th because the paternity results finally came back proving he was the actual father and the 29th is when my ex fiancee wil be home on leave. so i just got couple questions:

1) what can i expect? what do i have to bring with me? I dont have current income right now but i start a job making 40k on Jan 5th..do i need to bring like the offer letter or anything? Also, should i have a lawyer come with me or is it pretty easy to get through without one?
You need to bring any thing that proves what kind of income you will have, cost of insurance (if your employer is going to be providing insurance etc.), and cost of daycare as well.

2) What might be the child support amount? I know there is a program that the income gets typed into but She lives with me and thats not going to change because we've agreed he cant possibly care properly for her by himself in NC...i read like 20-30% of take home pay? is that correct? Also, he gets "dependants pay" for being in the military which is like an extra $200 or so a month..can I ask for that to be forwarded to me also?
Its a calculation, google an online child support calculator for your state to get an idea of how it works. No, you won't get the extra 200.00 a month, but that will be included in his income for calculation purposes.

3) about daycare, my mother is quitting her job when i start work in order to watch the baby(in my home because we live with my parents) while i work so as to not have to pay the outrageous daycare fees and have her being watched by complete strangers. Now i have told my mom i agree to pay her $600 a month (which is what she makes at her job) because i'll be clearing about $2k take home pay a month...can He be made to pay at least maybe even a quarter of it? do i need to show proof of her income and quitting so a mediator will believe I am actually paying her?
Again, that will be included in the child support calculation.

4) as far as the lawyer part of the question, How does a retainer work? I consulted with one in regards to getting custody put in writing and such and she needs a $500 retainer. Now what does that get used for? Is it better to have a lawyer working on retainer rather than hourly?
Even if you pay a retainer the attorney is usually working on an hourly rate. Once the retainer is used up you are billed for additional time on an hourly basis. However, if the CSE is handling the case, you really don't need to hire your own attorney.

5) My last question is about taxes. I tend to file my taxes as early as possible and I'm wondering which of us will be able to claim her? she has lived with me since birth (4 months) which by tax time will turn into 5-6 months.


thanks
You will get the tax exemption for 2008 since he has not provided any support for 2008. However, most likely you will alternate years after that. Under the federal tax code you would be the only parent entitled to the exemption, but you may be ordered to sign a form 8332 releasing the exemption to him, every other year. Only sign it for one year at a time.
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? PA

ok i've posted before so mostly all the senior members know my story.
Contrary to popular belief, most seniors don't remember the uniqueness of a specific poster's situation. If you want us to remember your dealio, its good to post in an existing thread or at least to link to it. Oh yeah - you can't do that... since you keep deleting threads. Why do you expect us to be willing to continue helping you?
 
If they do it correctly, you will get only the percentage based on his basic pay, you may get some of his BAH differential (which is his extra money you are talking about for him having a dependant), he may be required to do a portion of child care, he can/may be required to place his/your child on DEERs to receive medical benefits, he will also need to sign proper forms for an ID card for her, to receive said medical benefits. You will not be entitled to any other extra pays, such as an duty pays, uniform entitlements.

PA is a joint income state so they will take what you bring home (yes, bring proof!) and his pay (LES) and come to a decision based on their calculations.
 

Just Blue

Senior Member
Please keep in mind that this OP deleted threads when she didn't get the advice she wanted. She lied and called many members filthy names when "called out" on her lies.

Why would any member waste their time and encourage this poster by advising her?:confused:
 

psubaby08

Member
thankyou for the advice given. in repy to OG and baystate...i did apologize. and of all the times on this site i only got snide with my remarks once. I did apologize and I tried to make amends. I would at least hope to be given another chance after only the one bad comment i made. and i did not call multiple members names. I only referred to OG in which again I apologized. i also did not delete multiple threads. i deleted one thread out of i believe 5 that i have posted. also, i did not lie. forgetting to add in certain detail or it is moreso phrasing things wrong is not lying because 90% of the time i'm speaking hypothetically and his actions and orders and what he is saying is constantly changing.

to stealth: the reason i deleted that other thread was because the posts on that got quite mean and i didnt see how that was benfitital to anyone reading it while it was the only one ive deleted and there are my other threads still up and active. my apologies for making a couple members mad but i did and do apologize. i didnt post details because those were straight forward questions about procedure and what i need to do and bring and how money is allocated..i didnt think lengthy details were necessary so yes that was my mistake.


in response to madison: what i meant by outrageous daycare fees was about 400 a week near my home... i am paying my mother 600 a month so as to not pay those fees and realisticallly keep his portion amount down also. i'm paying her 600 to make up for the income she is losing from quitting her job. my parents have bills they need to pay too so my mom can't just watch her for free and afford to lose 600 a month. his family also has dual income parents and neither of them can watch her for free and the baby's father himself can't watch her on a daily basis because he lives in NC on a military base. I have right now (per very recent verbal agreement) sole physical cstody and 50/50 legal custody which is about to be in the process of going through court.

thankyou though to those who did give me the answers i needed.
 
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psubaby08

Member
not this year no because she presently is still recieving income from working but she pays taxes on the money shhe makes now through work. I, however, can not decide for my mother if she'll file in 2010 for the 2009 year for income not earned "on the books" for taking care of her granddaughter. Realistically i'm already paying taxes on that money because it is coming right out of my paycheck which is going to be getting taxed like 30% its not like it is additional income coming in from outside the house, it is my money i'm just giving to my mom. and for even further clarification, i didnt even ask for him to pay like half. all i want is $150 a month from him in regards to daycare which if going through a daycare center would be alot more so me paying 450 and him paying 150 seems really fair.

also in regards to money and CS overall, im only asking total for $500 which is only about $50 over the standard calculated child support according to the google calculator for PA given his take home pay and my future take home pay.
 
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Just Blue

Senior Member
not this year no because she presently is still recieving income from working but she pays taxes on the money shhe makes now through work. I, however, can not decide for my mother if she'll file in 2010 for the 2009 year for income not earned "on the books" for taking care of her granddaughter. Realistically i'm already paying taxes on that money because it is coming right out of my paycheck which is going to be getting taxed like 30% its not like it is additional income coming in from outside the house, it is my money i'm just giving to my mom. and for even further clarification, i didnt even ask for him to pay like half. all i want is $150 a month from him in regards to daycare which if going through a daycare center would be alot more so me paying 450 and him paying 150 seems really fair.
Unless your mother declares the income don't expect Dad to be ordered to pay for childcare.
 

psubaby08

Member
thats fair enough but she cant declare something that doesn't exist yet. she pays standard taxes on what she makes now from working. so i would think that he would still have to help pay for january through dec. 2009 so that way then she is able to declare it on 2010 taxes. i have not paid her anything for this year and i will not start paying her until jan. 5th 2009 when i start my job which will be after a support conference. i just wanted to know if i'd be able to ask for small amount of help with that during the support conference. it doesn't make sense that i'd pay all the childcare expense during 2009 and then after filing in 2010 then he would be ordered to pitch in? i don't get it.
 
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stealth2

Under the Radar Member
Dad can also object to paying for childcare by an unlicensed provider.

What a tangled web we weave.
 

Ohiogal

Queen Bee
But hey she just wants money from dad. Doesn't matter how she gets it so long as she gets it.


Really? You apologized to me? Hmmm.. must have been in the thread you deleted. Oh and if it was in a PM don't expect me to have read it especially from someone who was rude on the boards. I don't play that way.
 
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