Wild Dancing Thanksgivng Turkey Can't get blood from a stone or can you? - Single Parents Forum: Single Family Voices
All forums, topics and discussions are geared to single parents and the issues faced with single parenting.
Support a single parent today and one will support you back!
         


Go Back   Single Parents Forum: Single Family Voices >
(``'·.¸(``'·.¸ Single Parenting - Issues ¸.·'´´)¸.·'´´)
> Child Support


~ Donate Today ~ PLEASE
Reply
 
Thread Tools Display Modes
Old 10-06-2013, 09:19 AM   #1
SmilingPine Female
I am New
 
Join Date: Oct 2013
Location: Wisconsin
Posts: 4
Rep Power: 0
SmilingPine is an unknown quantity at this point
Default Can't get blood from a stone or can you?

Hi.
I'm brand new to this board. Mom to one child, an eleven year old daughter. Ex and I have shared/joint custody 50% each. Divorced 2.5 years but out of the house ~ 4years, prior to that ex and I were together ~ 17 years.

In brief:- Will the court force me to pay child support if I don't make enough to pay to my own bills? According to the state child support calculator I could owe money.

Here's the background:
After 1 year of unemployment I just got a job again (yay!) I'm not making much, and as it is I'm about $200 short of my monthly budget but glad to be working again. My ex (unemployed for a long time) is looking for child support from me. (I have paid in the past, but was making significantly more $ and had less expenses then.)

XH was once gainfully employed and got fired. At the next job he had he was fired again. He's been unemployed for almost 7 years.Yes, he has issues, but from my point of view he is very employable. He's quite personable,reliable, has a great driving record, is good with money, knows computers very well, etc. May not be able to get the high-paying corporate job he once held, but he could work.

I'm just wondering what people think will happen if/when we go to court (in Wisconsin)? Will they force me to pay? Based solely on the Wisconsin calculator and my gross income)I might owe as much as $200 a month in child support which would put me $400 a month below my budget which includes my rent, insurance, food, student loans, the usual stuff. I will share with you that I'm making $32,000/year. At one time my ex was bringing in $70,000 AND I was working, too.

How does the court address this? Do they look at my living expenses and realize I don't have money to pay? Will they ask him why he isn't work? Because my ex is in school now and less available for work does that fall on me to make more payments? What does the court want to know?

Realizing this is a long post and I am not sure it is clear. Feel free to ask for clarification. And we can take it from there.

Thanks for listening.
~ d
SmilingPine is offline   Reply With Quote
Old 10-06-2013, 10:08 AM   #2
MotherBoard Female
Making The Magic Happen
Mother Of The Board

 
MotherBoard's Avatar
 
Join Date: Feb 2009
Location: Florida ::::::: GO GATORS!!!!!!!
Posts: 4,483
Rep Power: 1
MotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of SupportMotherBoard Has a SFV Diamond Heart of Support
Default Re: Can't get blood from a stone or can

Quote:
Originally Posted by SmilingPine View Post
.... Ex and I have shared/joint custody 50% each. ....
is the time with the kids set up 50/50?

For example you have Wednesday and Thursday and every other week end... and the other has Monday and Tuesday and every other weekend.

The amount of time with raising the child is considered into CS amount

however the only bills that you mentioned that would be considered, would be a standard amount to help financially raise your child. With That said, nothing is written in stone and considerations may be made, so you could ask the courts.

however , even if one is on welfare, there has been child support awarded to the child. I think it was 60 per child.

and again welcome to the SFV Family

other members may have a better answer.
__________________
I Got Just One Life, & I wont Back Down
~ Help support our server costs by purchasing an Account Upgrade ~
~ "Like" Our FaceBook Page~
https://www.facebook.com/soloParent
MotherBoard is offline   Reply With Quote
Old 10-06-2013, 10:49 AM   #3
SmilingPine Female
I am New
 
Join Date: Oct 2013
Location: Wisconsin
Posts: 4
Rep Power: 0
SmilingPine is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

Yes, time is shared equally.

Do you think the court will say that my ex's has a responsibility to work? Or to show proof that he's been looking for work (which I'm pretty sure he isn't). Or that he has earning potential at least equivalent of mine?
SmilingPine is offline   Reply With Quote
Old 10-06-2013, 11:06 AM   #4
Bluemoon Female
just an old hippie chick

 
Bluemoon's Avatar
 
Join Date: May 2009
Location: In the Mountains
Posts: 8,583
Rep Power: 360
Bluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support LegendBluemoon Is a SFV Support Legend
Default Re: Can't get blood from a stone or can

Generally, if a parent who is able bodied is not working for no apparent reason, then they will be "credited" as earning at least minimum wage and cs will be calulated according to that and the formula for your state.
I'm not sure how his being a student would effect that.

Just having 50/50 physical custody doesn't always mean that no cs must be paid, but it does make it far more likely that will be the case.

We do have folks here who can give you a pretty accurate assumption for how a court in your state would rule, but your best bet is to consult with a local attorney who knows the judges in your area and knows how similar rulings have gone down in the past.

IMO, the info would be worth a $50.00 or so consult fee.
__________________
Never grow a wishbone, Daughter, where your backbone ought to be. Clementine Paddleford


To disagree, one doesn't have to be disagreeable. ~Barry M. Goldwater and Jack Casserly, Goldwater


Life is all about how you handle Plan B. ~ off a Blue Mountain Arts calendar
Bluemoon is offline   Reply With Quote
Old 10-06-2013, 12:27 PM   #5
LSL Female
The blunt one;)


 
LSL's Avatar
 
Join Date: Sep 2008
Location: Somewhere on the left coast
Posts: 11,334
Rep Power: 408
LSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support Legend
Default Re: Can't get blood from a stone or can

He will be imputed at least minimum wage.

A few things to take into consideration. When you calculate minimum wage, this is the PRESUMED amount. Usually state administrative law has rebuttal factors that can adjust the amount.

For my state, one of those things has to do with the financial needs of both parents, and how much parenting time both parents have. In my state, unless there is a gross disparity between the parties, with a 50/50 share time, the other party would not be getting a dime. I am not up on Wisconsin law, so I can't really answer your question.

I would read the state administrative laws, statutes and case law to see if there is any case law out there that fits your situation. My guess is there is.
__________________
“If your expectations aren’t to be the best, then… you know, nobody rises to low expectations.” - Chip Kelly, coach of Oregon Football.
LSL is offline   Reply With Quote
Old 10-25-2013, 06:25 PM   #6
Claire87 Female
Board Member
 
Join Date: Oct 2013
Location: Minnesota
Posts: 33
Rep Power: 0
Claire87 is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

What's so hard is that it's so different by state. I was married in Wisconsin but divorced in Minnesota (thank god!) and my lawyer says the way or works here is all a numbers game and the calculator is usually pretty on. Do you have a Lawyer or legal aide that you could talk to? It's the best way I know to really know because I feel like website will never tell you what is specific to your situation. (Shouldn't you be getting 17% of the rest of his life??)
Claire87 is offline   Reply With Quote
Old 10-25-2013, 07:26 PM   #7
SmilingPine Female
I am New
 
Join Date: Oct 2013
Location: Wisconsin
Posts: 4
Rep Power: 0
SmilingPine is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

Hi, just circling back, as I've been away from the board. I'm feeling less stressed, but still concerned.

I am going to ask the court to impute him (is that the right verbage?) for at least $40,000. He was making between $50,000-$70,000 during our marriage.

I used to have a lawyer, but can't afford her at $350/hour. Besides, I think going to court with a lawyer at that rate to say I can't pay child support just looks bad. I did call my lawyer and ask a very specific question to which I go no answer, she skirted the issue and said that I could have his income potential verified by a specialist (at the tune of $1,000) which we had discussed at an earlier point in our divorce/court follow ups. And she also said she could attend the hearing and represent me. It was a wasted phone call.

Anyway, I'm going to cross my fingers and hope (really hope) that the court commissioner sees this as crazy. I'm doing the best I can to provide for my daughter in my own home and ex needs to do the same. Court date is in mid-February, so it's several months away.

Again, thanks for your responses.
~ d
SmilingPine is offline   Reply With Quote
Old 10-25-2013, 07:59 PM   #8
Claire87 Female
Board Member
 
Join Date: Oct 2013
Location: Minnesota
Posts: 33
Rep Power: 0
Claire87 is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

Do you have legal aide anywhere around you? We have it here and I never even knew. I think in WI it's called Judicare and it's a 1800 number and you an call for free. Give that a quick google if you haven't already!
Claire87 is offline   Reply With Quote
Old 10-25-2013, 10:51 PM   #9
LSL Female
The blunt one;)


 
LSL's Avatar
 
Join Date: Sep 2008
Location: Somewhere on the left coast
Posts: 11,334
Rep Power: 408
LSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support Legend
Default Re: Can't get blood from a stone or can

A judge is not going to look at you having an attorney as a factor of whether you can afford child support. At all. Personally, I think you can't afford to NOT have an attorney given what you just said. I have seen too many people screw themselves by not knowing what they are doing.
__________________
“If your expectations aren’t to be the best, then… you know, nobody rises to low expectations.” - Chip Kelly, coach of Oregon Football.
LSL is offline   Reply With Quote
Old 10-25-2013, 10:57 PM   #10
Claire87 Female
Board Member
 
Join Date: Oct 2013
Location: Minnesota
Posts: 33
Rep Power: 0
Claire87 is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

My lawyer actually told me the exact opposite. He said that if my ex was to hire an attorney but claim he had zero income then it would be a reasonable thing to be able to question how he was paying for that attorney. My ex also lied on his paperwork to say he had no money and refuses to get a job so he doesn't have to pay me any more the. He already does.

I wouldn't think that a judge would always look at a lawyer and say "well how can you afford that?" But I certainly have been to understand that it could happen.

That being said... I would at least try and talk to a lawyer (though not yours!!! Your lawyer sounds like a jerk!)
Claire87 is offline   Reply With Quote
Old 10-25-2013, 11:05 PM   #11
LSL Female
The blunt one;)


 
LSL's Avatar
 
Join Date: Sep 2008
Location: Somewhere on the left coast
Posts: 11,334
Rep Power: 408
LSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support Legend
Default Re: Can't get blood from a stone or can

Interesting. You have a constitutional right to an attorney. And in my state, the judge cannot impose that thought process...... There are lots of ways a person acquires an attorney.

I disagree that the lawyer was a jerk. On I am released from a job I am prohibited from legally advising that person anymore. I would have had to do the same thing.n so that statement is not exactly fair.
__________________
“If your expectations aren’t to be the best, then… you know, nobody rises to low expectations.” - Chip Kelly, coach of Oregon Football.
LSL is offline   Reply With Quote
Old 10-25-2013, 11:10 PM   #12
Claire87 Female
Board Member
 
Join Date: Oct 2013
Location: Minnesota
Posts: 33
Rep Power: 0
Claire87 is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

I don't know. I guess my layer has been so amazing! He has charged me for very little and given me a lot of really good free advice and explained to me when I would need him and that if that happens he would love to represent me. That's probably not the norm! I will recommend him to everyone who ever needs anything done forever in Minnesota child support is rarely overseen by a judge and I mean almost never! It's done by a magistrate and it's basically up to their discretion. It's a numbers game, my lawyer explained,
Mostly but occasionally things like that come up. Especially when someone is claiming they have no money and they don't walk in with a free legal aide lawyer they walk in with a $300 an hour lawyer.
Claire87 is offline   Reply With Quote
Old 10-25-2013, 11:19 PM   #13
LSL Female
The blunt one;)


 
LSL's Avatar
 
Join Date: Sep 2008
Location: Somewhere on the left coast
Posts: 11,334
Rep Power: 408
LSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support LegendLSL Is a SFV Support Legend
Default Re: Can't get blood from a stone or can

Glad you have a great attorney. As an attorney myself, I hear more about the bad then the good. I try to be more like what you described. I get more referrals that way.
__________________
“If your expectations aren’t to be the best, then… you know, nobody rises to low expectations.” - Chip Kelly, coach of Oregon Football.
LSL is offline   Reply With Quote
Old 01-04-2014, 09:35 PM   #14
Tropico Female
Getting My Feet (Board) Wet
 
Join Date: Jan 2014
Location: Queensland
Posts: 27
Rep Power: 0
Tropico is an unknown quantity at this point
Default Re: Can't get blood from a stone or can

Different contries have different rules. I'm in Australia and receive $30/month from Miss 10's father who's on a disability pension. He has 5 kids with 3 people and pays that amount each. The rules have recently changed, I received a nil amount for the first 8 years then $8/month until September when it went to $30/month bt I'm expecting he will apply for something to have that reduced. So even when unemployed people have a set amount that needs to be paid. Since I've always worked, if we had shared care I would have to pay him a significant amount each month but due to the situation I would also have to provide all her food during his time, pay for all her schooling needs and pay for all her extra-curricular activities still, pay for all her therapy sessions (she has Autism) so it wouldn't even out at all, I'd still pay the same for her upbringing as I'm paying now but have to give him money on top if it with him having maybe a slight increase in the power bill. They can and have put people into hardship meaning it's better for the other person to be unemployed than working, financially speaking. The system doesn't take into account individual circumstances all that often.
Tropico is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes


Resources: youngrobin.com
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Tru Blood parris Book Club 4 10-06-2009 11:14 PM
HE MUST BE STONE CRAZY NEAK Dating & Relationships 9 11-02-2005 09:46 AM
cord blood HMCR 30 - Something Single Moms 3 08-12-2005 09:34 AM


All times are GMT -4. The time now is 12:50 PM.

Some parent places to visit:
A Single Parents
Parent Arium
Solo Parents
Single Parent Personal Ads



Go Like Us On Facebook = facebook.com/SoloParent
Go Like Us On Facebook = facebook.com/SingleParentsInformation
Powered by vbulletin

All forums, topics and discussions are geared to single parents and the issues faced with single parenting.
Support a single parent today and one will support you back!

A Community for single parents, step parents and blended families

Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.