My ex wife is trying to up my child support and I can't afford it. What can I do?

Question

Currently I pay 232 a month for child support. I only take home 300-400 a week. She went to a lawyer and they want my last years w-2 and current pay stub. Last year I only made 19K, but she made 40K. She also sent a certified letter stating I owe her 54 percent of medical bills, insurance and dental. Our divorce decree does not state this. Also I got a copy of our custody papers and it says I get our daughter this Christmas, but she says no because I have not been following the visitation shedule. I was getting her every week instead of every other week. Can't I follow the schedule now?

Answer 1

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Answer 2

Get a Family Law Attorney now!! Even if you have to beg borrow or steal the money do it. Once you do have your lawyer pull her w-2's. Child Support is based on BOTH incomes not just yours. She makes more than you so you should pay less. Your lawyer will be there to help you.



Get your lawyer to put EVERYTHING in writing so you can use it against her when she starts up her bs. Get the lawyer to state in writing since she makes the larger income between the two of you SHE should be paying the 54% of medical etc. not you.



Also make sure you follow the visitation schedule to the T. Or she can use that against you. Remember that child support and visitation are separate issues and she can not use money or non payment or anything child support related to your visitation schedule. Show your lawyer the custody papers and remember that if she doesn't give the child up to you this Christmas she is in violation of the court order and she can go to jail for not following it. You hold her feet to the fire. But make sure once you pick her up bring her home on time. Pick her up on time....don't give the ex a reason to complain to the courts.



Also on any holidays her birthday or any important days get it in writing with the lawyer writing it up and submitting it so later on when that day comes ie: Christmas it says in the paperwork you pick up "Cindy" at 3:00pm on Dec 25th returning her on Dec. 29th at 5:00pm. Also make sure you get in writing from your attorney a long summer visitation approved. ie: one month during the summer with her. Don't let that ex rob you during the summer time.



good luck

Answer 3

You can always follow the court-ordered visitation schedule. And family court is always extra-busy around Thanksgiving because of moms trying to pull stunts like your ex-wife is warning you about in advance.



Pay whatever your divorce decree states about medical bills.



Give her lawyer the pay stub and W-2. It's simple enough to calculate what you owe based on state guidelines, and it's her money on lawyers. It's a lot of money, too. It's costing me $1600 to get my child support lowered now that one of my kids is grown, and that's only if my ex-wife cooperates. It will be more like $4000 if she doesn't and it has to go to court. I wouldn't bother with a lawyer about your child support; I'd save the money toward maybe getting one about that Christmas visitation.



In my state, your current child support would be about right, based on an online calculator, but it may well be higher in your state. If so, that's just life. $232 doesn't go far toward taking care of a kid.

Answer 4

Look up and see what the state mandated minimum for child support is based on your gross take home pay minus FICA (SS deductions) understand a judge CAN order more. The minimum is based on YOUR salary, NOT hers....you get no deductions for her salary.



She can make 50 bucks or 5,000 per week..your CS amount stays the same.



So you pay 232 per month..Divide that by 4 (weeks in the month)....now bi weekly that would be 116 I believe......, 58 dollars per week.



You probably waste about half that amount in junk food and take out coffee/sodas per week...right?

You order any pay per view movies thru cable per week? Buy beer, smokes? Magazines?

See where I am going?



Let the court settle it...her claim on medical bills she has to PROVE...the divorce decree may outline child support issues and visitations but that part can always be altered unlike other terms of the divorce...and she CAN NOT interfere with visitation orders-IF they don;t work for you...go back to Court and have them CHANGED. And if the divorcee decree says you get the girl for xmas....YOU GET HER! You getting her every weekend was her mother's 'gift' to you...it does NOT change what the COURT says you get...ENFORCE IT!



So out of 300-400 per week, 58 dollars goes to child support.

Answer 5

That's tough sorry to hear that.. I dont know what state your from but laws can vary... If you can afford it talk to a lawyer and ask him if incorporating yourself would solve this problem. What would happen is your work would have to agree to pay your corporation and you pay out of your corporation yourself, so now for example the money in the corporation can be used for expenses such as clothing partial bills etc and you can pay yourself lets say 400$ a month and thats all that would get reported on your W2's this would put you bellow the poverty level and legally not allow her to suck $$$ out of you...

Answer 6

Hi - I feel very sorry for you, this is awful. How can you possibly get on with your life with this millstone around your neck? Some women just have to milk a former partner dry; it's nothing to do with 'support' and everything to do with revenge.



I strongly suggest you spend a bit of money in order to SAVE money in the long run, and that is by getting yourself an excellent Lawyer/Solicitor. Things are not right here.



Wish you luck in the future.

Answer 7

i think of there's some information you're leaving out... whilst the divorce became finalized, there ought to have been a toddler help order in place. Why are you attempting to get lower back toddler help? in case you have had custody for 3 years, the court docket shouldn't purely hand her over to the mummy for no reason. family contributors court docket does not substitute custody over except a toddler is in probability. in spite of the undeniable fact that, she ought to truthfully ask for extra visitation time. you ought to start conserving song of whilst the mummy sees her/takes her. That way if she does attempt to get extra visitation, you may coach that she's not even applying the visitation that she has now.

Answer 8

Child support is based off a % of your income, not hers. So the judge will order you to pay whatever the state guideline is for one child. In California it is 25% of your pay.



As for medical bills, you should owe 50%. She should be paying the other 50%.



If you wish to re-address the visitation then do so in court so she cannot mess with it.

Answer 9

Got to court, prove your current income is less their hers..use your divorce settlement to prove your side of the case, that you have no medical issues pending with owing her any money..enforce your custody agreements..

Answer 10

I agree. You may not have much money but you need a lawyer. It is the best thing you can do.

Answer 11

You need a lawyer.