Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Can anything be done about a support order that leaves the father only $900 per month to live on?
Find answers to your legal question.





Can anything be done about a support order that leaves the father only $900 per month to live on?

The mother is on walfare, has a live in boyfriend, food stamps, a new pick up truck and they rent a Harley on weekends to joy ride. Meanwhile, I am having to support my boyfriend (the father) and MY 3 kids because he only brings home $900 a month. He has no car because he can't afford one (rides a motorcycle 12 months out of the year ) and they have suspended his DL which caused him to get fired from his job bacause he could not get there.

We have requested a hearing and need advice.
Additional Details
His DL are suspended because he lost his job a few months ago and is behind on child support. He has a new job (first thing he could find) and went from $12.75 per hour to $8.50 per hour.

Can't get that 2nd job without the DL.


    




Troll Magnet
My advice is don't have any children with him. Why I sympathize with you his first priority will always be his first children. They suspended his license because he did not pay. He sounds like a real dead beat.


Lucy
He would have to take it back to court and present facts in order to have his payments adjusted.


Susie D
Boyfriend - live-in or otherwise has zero to do with the support of YOUR boyfriends child. She can be shagging the entire Eagles defense and it doesn't mean anything toward his child support. Neither does his truck, what he rents, etc etc. The welfare office might be interested to know he is living there though - as this offsets part of her expenses.

How many children you have also has no bearing on the matter unless they are his biological children.

Most likely the judge will tell him to get a second job.


guitarsoloist07
Get an attorney! That is the best thing that you can do. Child support battles can be expensive but some attorneys will work for a discount/for free. Just do a little research and make some calls. Also, I work for an attorney's office and always suggest that people meet the attorney face to face. You get to see them talking, their facial expressions, etc. and it's a little more personal. I can't stress enough that you need to get an attorney to help you or you run the risk of the mother getting one and having his obligation raised even higher!


charliman2000
a 1st & 2nd job - For him! - Sorry but no sympathy here.

Reminds me of that Jerry Reed song - "She’s living like a queen on alimony, I'm working 2 shifts eating bologna".


velcropap
gee you have to support a man because he only brings home $900 a month. i had to support myself, my baby, pay the baby sitter and buy food, bringing home $500 on a good paycheck.
his living just like his ex. sounds as if you have the problem.
she has a live in, he has a live in.
she has food stamps, can he get food stamps?
she has a new pick up, he has a bike, maybe what he wants.
she rents harleys, he rides full time.
he got into trouble and lost his license so now he doesn't work.
you need to say bye bye.


Gypsy Red
The mother's living arrangements will have nothing to do with you're hearing regarding child support. They will only consider her earning potential. Like does she have an education or the ability to go to work. What will have a bearing is how much expenses the father has. Be prepared to show what he makes a month, how much rent he pays, any insurance he pays, and any other expense considered a necessity. Point out that he doesn't own a car due to his financial state. All these may help to lower his child support unless it is as the minimum already. If it is then there is nothing that can be done. Maybe he needs a better paying job.


C.A.T.â„¢13
Rating
Unfortunately this is the system. Even though it irritates the both of you that the mother is supported by her live in boyfriend it really doesnt matter to the support issue. It could matter to welfare and food stamps since they count HOUSEHOLD income but all they have to say is he doesnt live there. Proving it is very difficult.

As far as the support, if its the right % its tough to get around even if the mother makes plenty of money. His DL suspension is his own mistake and thus losing his job is too. All I can say is to try and get a better paying job to lift that $900 live on money, of course more support will go to the mother but atleast more will come in. He is lucky to have you for help most people dont have anyone.



John M
Rating
The live in boyfriend's income may be something the court will consider, at least to the point where her expenses are lower because he is responsible for a portion of her rent. Other than that, the father is generally going to be expected to pay a percentage of his income toward the expenses of his kids, and the mother gets a large amount of discretion as to how it is spent.

I would expect the mother to claim that the boyfriend pays for the truck and the harley rentals etc, and that should have no bearing on support for the kids. If you can't show that to be untrue, I would expect the judge to look at it the way I described. the only adjustment I would expect is perhaps her expenses are lower due to him living there, and maybe you get a small adjustment. Don't expect very much though.


Gramma
$900. a month is more than my son gets from social security disability, he's disabled and lives alone with used vehicle payments. Money is tight, but he makes it. What about support for your 3 kids, you don't mention that. You are living with a loser if his liscense is suspended. He could have looked to others at his job for ride share. He has options, just needs to make good choices.


Kate
Rating
I am not sure about your state, but in WI most counties have a child support service that deals with these kind of issues. They can give you advice on what to do. Also, there are often fathers organizations that might be willing to give you and your boyfriend advice. Other than that, I would file a hearing with the court request a review of the amount of child support that is being paid.

Finally, you should look to yourself and your kids and make sure you are doing well before doing anything for your bf.


mari B
Well if the state is unaware of his ex's live in BF then that can cause problems for her. However most states are pretty strict about child support orders and especially when either party is receiving welfare. Unless his income or his ability to earn income has greatly changed for some reason the court is unaware of then child support would stay the same most likely. It will also not bode well for the lawyer to see your BF has no license and no job. The judge might assume he is trying to dodge his responsibilities.
Side note -my brother has to give 60% of his income to his ex as well as name her as main ben. on his life insurance, pay medical, and give her 1/2 of his retirement. He has 2 other children by his new wife and it doesn't change a thing in the courts eyes.(This is in CO) So the court system can be brutal. Good Luck and best wishes for your future.


MailorderMaven
Petition the court to change the amount of child support. Bring details and figures to show that the children are adequately supported. The judge isn't interested in how much the non-custodial parent has to live on -- they just care about how much money is benefiting the kids. So be able to emphasize the evidence showing the kids will be provided for.

Can you take photos of the truck?


roxanne k
Rating
Get legal aid. You should never go into court with out an attorney.


bpgagirl22
Rating
Have you both tried to contact Legal Aid? I suggest you (the female) try without your boyfriend, then if you are able to secure a lawyer, let them know up front what all is involved. What my main question is is how is your boyfriend supposed to go to work if his DL is suspended? Was it for drinking or what if I may ask?

My 2nd ? is is there any way possible that you can get pictures of her live-in boyfriend driving or getting into the new truck? Another question is if she's on welfare, how are they able to rent a Harley every weekend?


path2631
Rating
i would do some investigating because i bet welfare doesn't know about boyfriend living with ex and aren't counting his income. so do some investigating see where he works, try to find out how much he makes, see if you can get copies of the rental for the Harley, i believe dad needs to pay something but he needs too live to, at long as dad is working 40 hours a week at something I have no problems trying to get it his child support lowered, however if he is just being a bum then he needs to pay. and see if the judge will put it where it can drive to and from work limitation on his license.


Steve B
As I understand, the judges (california) put all of the information into a computer program and get an payment amount.


Tree
Firstly, you don't HAVE to support him.

Secondly, his child's needs should come before his own. It doesn't matter if the child's mother is doing fairly well. She could be a millionaire...that still doesn't erase his financial obligation. How much does he make a month? If it's under $2,000, I don't see the amount to be out of line.

Stop be jealous. It isn't good for you, him, or most importantly, the kids.

EDIT:

At $8.50 an hour he makes roughly $1,360 a month, before taxes. He has $900 left after child support but pays $600 in child support? Something is off there. But either way, I don't know how you'd support a young child on that much money. Daycare alone would eat it all up. Not to mention formula (if the child is very young), diapers, clothing, etc.


Texas Tiger
Rating
There is a LOT you are not telling us. Why was his DL revoked? And what job did he have that allowed him to make deliveries on a motorocycle? And if he was using their vehicles to do the deliveries then he can petition the judge to allow for to and from and for work purposes for his DL.

With as much missing information in your question I have to wonder what else is missing.

As far as his take home, Where is it coming from since he has no job?

Since he obviously did such a poor job with his last family what made you think he would do any better by you?

As far as "support" payments are they for the kids? If that is the case then no, they are regulated based on the state/city lived in and the needs of the children. If the payments are for his X then they can be adjusted based on his income.


Christine M
You cant blame the baby momma for him having a low income job. ♥


in limbo
Rating
he would have to go outside of the law to end this problem

i can not comprhend how women make children with a man and then abandon him and everyone treats the man like HE is the bad person


krjspecial
FIRST OF ALL HE HAS TO TAKE CARE OF HIS CHILDREN IT DOESN'T MATTER ABOUT HIS BABY MAMA'S WELFARE THE HARLEY ON WEEKENDS WHERE DO Y'ALL LIVE HE COULD HAVE TAKEN PUBLIC TRANSPORTATION TELL HIM TAKE ALL OF HIS EXPENSES WITH HIM TO COURT ALL BILLS HE PAYS AND YOU BY ALL MEANS SAY NOTHING IT'S HIS BATTLE LET HIM FIGHT IN COURT STAY QUIET CAUSE SOME JUDGES WILL EXPLODE YOUR THE GIRLFRIEND AND THEY DON'T CARE THAT YOUR LIFESTYLE IS INTERRUPTED BECAUSE OF CHILD SUPPORT JUST STAY HOPEFUL GOOD LUCK I WISH Y'ALL THE BEST


angiea276
Rating
You need to request a hearing, and ask for a drop in payment due to hardship. Your BF will need to show proof of income, and a reasonable budget listing all of his bills that he pays.


Ed
This is the problem with maintenance payments. They are not about providing for the children. They are about apportioning blame for the break up, almost always on the father, and punishing him financially. In reality, women are taking the pi.ss out of fathers, like this woman is, and spending the money on a frivolous lifestyle. The children benefit nothing. If the father finds happiness, his new family are also punished. This is why I am happy our system is not quite as bad as yours, yet.

If the case is a matter for a court, just ask them to reconsider. Courts are usually more reasonable. The UK has taken the matter away from courts and handed it to a government agency which makes unrealistically big demands, but is ineffective at collecting and enforcing.

I would rather go to jail than give this ***** a penny.

EDIT, an order demanding 66% of his income is pretty swingeing in my view. Does it help a child to put his father into poverty? I don't think so. Is the mother spending all this money on the child? Absolutely not. Fathers need to be more militant in standing up for their own rights





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Immigrants come here for a better life, Shall we insist on lawbreakers being returned to their own country?
I believe that if they come here for a better life and integrate then such is life. What I object to, is many of them coming here for a better life and making ours worse. I believe that any who ...


 Why is it illegal to have an unlicensed gun if the bill of rights says you have he right to bare arms?????
...


 Why is it a law that you have to wear your seatbelt?
I think this law is ********! I mean children and babies should be buckled up, but isn't it your own personal decision to wear a seatbelt? I think it's just an excuse for pigs with nothing ...


 Can you sue someone with just an verbal contract?
...


 If you found out that you lived next door to an illegal immigrant...would you turn them in ?
Let's just say they were like every other neighbor on your block. They kept their yards neat, they maintained their property, they were friendly and cordial. If you found out they were not U.S....


 Is jack straw right in asking muslem women to remove there veils?
i think with no disrespect to there religion they ...


 Demanding money - do we have to pay her ?
hired a childminder 3 days a week for after school care, paid 1 month in advance, after 3 days i found out that this women was leaving my 4yr old in a locked car & going into schools to get other ...


 Is it illegal to get involved in necrophilia?
...


 If America passes a law to ban the purchase of guns period...?
Will you still try to buy them?

I know that I will....


 Should I SUE?
I am not the type of person who sues at the drop of a hat. Some of the things I see on TV frustrates me because I think a lot of people are just money hungry and a waste of the courts time. But ...


 Can my upstairs neighbor forbid me from smoking outside on my own private porch?
We used to smoke inside with permission from our landloard who also smokes inside even though our apartment was listed as a non-smoking apartment. We used an exhaust fan and only smoked in one room ...


 Who believes in abortion?
I don't because abortion shows a woman that if she jumps in bed with a guy then she can cover up her mistake. I understand if the person was raped but it is worng!...


 Honest Question; How many more school shootings do we need?
Before we pass tougher gun control legislation.

Not to be confused with "banning all the guns" you lunatics, god forbid you think we would take your guns away!

Isn...


 If my paperboy tells me he will keep leaving my paper in a puddle unless I tip him, can I sue for extortion?
Could I have him charged with felony extortion?...


 My daughter's dad was just ordered to pay over $500 in child support per month!?
We have never been married. She basically met him when she was 5 years old. She has always lived with me. I provide her with a stable home. I work and go to school. I do not use drugs. My ...


 Why do Americans insist they have the right to own a gun because of the constitution??
The Constitution says you have the right to bear arms not own them. If you look in the dictionary Oxford or if you prefer Webster's dictionary the word bare does not have in any of its ...


 Is it illegal to smoke canniabas?
loads of peeps smoke it and dont get in trouble
Additional Details
o i cant spell a dont want to take ...


 I'm 15 he's 18; expecting our first baby, what can I do?
Me and my boyfriend have been dating for over a year, we were recently excited to find out that we will be expecting our first child in feburary. I know this doesn't sound like much of a problem,...


 I caught a pick pocket and got arrested.?
I have just gotton back from a day trip to London. I was near the underground and there was a crowd gathering watching a street magician so I went to have a look. I saw a man aged about 20 unzip a ...


 I just got fired from my job Sunday 17th of September for sitting on my knees oustide of Taco Bell, praying. ?
Anybody who has a good resource or a word of advice would be much appreciated.
Additional Details
mind you i wasn't flat on my face sobbering and screaming repent at people. just ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.084