T.R | Title | User | Personal Name | Date | Lines |
---|
70.1 | | JAIMES::STRIFE | | Mon Jun 18 1990 10:52 | 10 |
| Michele,
I'd recommend runnning a quick calculation and see what the guidelines
say he should be paying, then make a decision as to whether or not he
should go in for a modification. To do that, he'll need an idea of how
much the mother is making and how much she's paying for child care. If
you want a copy of the worksheet used by the court to figure support
under the guidlelines, send me a note.
Polly
|
70.2 | It's possible-u need specifics 4 your state though | DYO780::EERENBERG | Charlotte, NC bound July 16th | Mon Jun 18 1990 10:54 | 18 |
| In Ohio, that kind of thing is pre-defined based on combined income.
So getting an adjustment is straightforward unless one party wants
to make it hard; then it gets drawn out over a long period of time.
Her living with her folks wouldn't make any difference. You need
to find out the specifics for your state.
This may sound strange, but would it be possible for the 2 of them
to discuss the matter, reach a tentative agrement based on the
circumstances, *then* get a lawyer to settle it? You only need
a lawer to handle the details of the court system. This way some
$'s can be saved and both parties protected.
I'm thinking about a career change that would drop my income a lot
in a few years and if I do so, plan to handle the matter, if possible,
per the above.
John
|
70.3 | | SIVA::MACDONALD | | Tue Jun 19 1990 15:27 | 12 |
|
According to my attorney in NH at least, the courts are only
interested in what you do between you if one party or the other
does not agree or is not satisfied. In other words, if your
SO goes to his ex and makes a proposal that she is willing to
go along with, then no one else needs to be involved or even to
know about it. They simply decide between them what changes to
make and then do it and that is that. The problem comes about
if she isn't willing to talk. For that, he may need the court.
Steve
|
70.4 | | BPOV04::MACKINNON | ProChoice is a form of democracy | Wed Jun 20 1990 06:55 | 18 |
|
re -1
Steve,
That is one of the big problems. She refuses to talk to him
on this issue. She threatened him last week that she would
not bring the kid up for Father's day which is in the agreement
because her tires are bald. She complained to him because
he is behind on the support and therefore she has not had
the money to pay for new tires. To which he replied that
child support is not supposed to buy her new tires. But
she apparantly doesnt think that is true. Bizzare!!!
That's life.
Mi
|
70.5 | Another Perspective! | JAIMES::STRIFE | | Wed Jun 20 1990 07:22 | 8 |
| re. 4
I agree that child support is NOT meant to pay for tires, however,
if the money which would have paid for the tires has to go to feed,
clothe and house the child because the child support isn't coming in,
then there is a legitimate connection between the two.
|
70.6 | one doesn't justify the other | CSC32::HADDOCK | All Irk and No Pay | Wed Jun 20 1990 08:32 | 7 |
| Witholding visitation is NOT a valid retaliation for failure to
pay child support the same as witholding child support is not
a valid retaliation for witholding visitation. WITHOLDING
VISITATION IS A VIOLATION OF THE CHILD'S RIGHTS AS WELL AS THE
FATHER'S.
fred();
|
70.7 | | BPOV04::MACKINNON | ProChoice is a form of democracy | Wed Jun 20 1990 11:47 | 27 |
|
re 5
Polly,
This woman and her child both live with her parents. From what
we are being told by her she is not paying to house or feed her
child. And she is always sent in the same clothes when she
visits Dad. It is not as though this woman is not working.
He is not, she is and is making much more than they both
were when they first figured the amount out. The only bill
that this woman has to pay for his her car payment which is
quite low and daycare which is abnormally high due to the
school she chose.
Neither one of us are denying the fact that he does have to
give her suppport. But due to his circumstances it is nearly
impossible for him to be sending her 80/week when he is making
0/week.
And as Fred said, witholding visitation has absolutely nothing
to do with not receiving support though the courts allow it
to happen.
Mi
|
70.8 | I never sai it was! | BARTLE::STRIFE | | Wed Jun 20 1990 18:35 | 22 |
| I'm not advocating withholding visitation due to his being late with
the support. As I recall the issue (which might have might have been a
smoke screen) was that she was supposed to drive the child to visit and
said she couldn't because her tires were not safe. And she claimed that
she hadn't been able to afford new tires because she hadn't been
receiving the child support. Perhaps, the answer should have been to
call her bluff and suggest that they work out an alternative form of
transportation.
I was only responding to the statement that "child support isn't
supposed to be used to buy tires". And my point was, child support
becomes a part of the custodial parent's budget that they depend on.
I know very few custodial parents who don't need the money. And, when
they don't receive it, money which was planned for something else has to
be used for basic expenses.
Now, I'm obviously not in a position to judge the situation you describe.
And I'm making no judgement about why your boyfriend is behind in his
support. I just wanted to point out that, in general, non-support for
whatever reason, impacts things that may not appear to be directly
connected with the child.
|
70.9 | no problems | BPOV02::MACKINNON | ProChoice is a form of democracy | Thu Jun 21 1990 08:00 | 9 |
|
re -1
Polly,
The point was well taken.
Michele
|