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Divorced Men: Child Support
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Originally posted by RustyRanchero View PostMy buddy has a kid and divorced his wife a year ago. He has been paying her 500$/month for child support and that wasn't through the court. It was jus something they came up together. Well, she just came by and knocked on the door and told him the court upped it to 900$ for one kid. Is this rational?
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from a single dads POV, I have to pay child support every month, and I guess im one of the lucky ones that the ex doesn't try anything stupid with me and we get along after all its not my son's fault so he wont be punished.
first and foremost If you are giving her money without a court order, she can and probably will sounds like get a court order and from the day she or you broke up and separated as in living in separate households she can legally get you for back child support from the day she left or separation to the day of. if it is not documented money thru the AG's office it is money just given to her. this so called "we just came up with a monthly payment together" isn't going to cut it. the court will ask you for a wages statement (check stub) and they will garnish 20% of the worth of it, and you must thru state law keep insurance on your child.
I speak of experience with this, when me and my ex split the sheets, she tried to get me to pay before a court order and I wasn't having it, I didn't mind paying back child support bc I paid it back on MY terms not hers, yes dads do have a little bit of an option at times.
the courts will hardly ever take a child away from a mother unless certain circumstances occur, ie. unfit mother, drugs, habitual habits as such. its hard to just get custody unless there is good enough proof of evidence against the opposing custodial parent.
best advice I can give you is get a dang good lawyer that knows his job and don't be afraid to pay a little for a good one because in the end itll be all worth it. good luck to your buddy with all this, just a lil hurdle in life he can jump over itll all be ok
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Originally posted by RustyRanchero View PostMy buddy has a kid and divorced his wife a year ago. He has been paying her 500$/month for child support and that wasn't through the court. It was jus something they came up together. Well, she just came by and knocked on the door and told him the court upped it to 900$ for one kid. Is this rational?
The couple never went thru the court system.
For the court to up the "so called" child support, there has to be a hearing on it. Unless she has a court order to do so, he can tell her to go pound sand!!!
But if it was me, I would get it set up thru a court. This could come back and bite him in the arse big time, since there is apparently no court records of child support being paid.
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Originally posted by sqiggy View PostI think everybody is missing the point here.
The couple never went thru the court system.
For the court to up the "so called" child support, there has to be a hearing on it. Unless she has a court order to do so, he can tell her to go pound sand!!!
But if it was me, I would get it set up thru a court. This could come back and bite him in the arse big time, since there is apparently no court records of child support being paid.
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Originally posted by RustyRanchero View PostThey went through a mediator. No land, cars, homes or anything to split.
Anyway, it's all based on his income. If his income didn't change from the first time, I just don't see him paying anything more.
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He needs to ask her for the case number and follow up with the AG office. It did not go up without a court order or the AG office.
Now the flip side is depending on his income he might want to agree to the 900 and stay out of court. If he goes to court he will be paying state guidelines based on income. I pay 1500 month plus insurance plus 1/2 medical.
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This
Originally posted by krisw View PostEveryone I know that has court ordered child support, has been notified by the court or was present. No way she is telling the truth. The only thing I could see that being for would be to make up back payments. If it were me, I would get receipts of payments and a lawyer and go to the judge.
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