Here goes...

We are now on the flip side of c/s... H has been paying c/s for his son for 17 yrs. So, in the 10 yrs we have been married, I have become used to his paying support.

Now that we have primary custody of Lil Bit, OW will be paying c/s. Currently, OW has no job. She hasn't had a job since the first of the year.

At court the judge told OW that she was responsible for c/s immediately. Regardless if H files for it or not, he told her she is obligated to provide support for Lil Bit.

I am curious to know what the court would base the c/s on. OW has no job and our state, currently, doesn't take into consideration the Custodial parent's income in figuring child support.
I know the guidelines for support is a % of the income.. but what if there is none reported???

Not trying to cause any big debate.. just curious for answers.

<small>[ November 24, 2003, 09:40 AM: Message edited by: Stacia_Lee ]</small>

CS can be based on the presumption of possible income.
The court will calculate what she is CAPABLE of earning. It doesn't matter if she is actually making it or not. That is the amount her cs will be based on.
My grandson's mother's cs was figured this way.

jtigger

When we were filing against Wild Bill for an increase in Dinobon's and curly-top's child support, I am not working and they base it on income...they don't count Mr."T"'s income, they asked me what my last job was (about 10 years ago) my college level and based it on minimum wage income due to the skills I have. I am a stay at home mom right now relying on Mr."T", but they still classified me at minimum wage.

I think they will do your ex-ow that way too, classify her at minimum wage and base it on that.

Hugs,
Twiisty

yes, it would be based on what she is "capable of earning" meaning if she was a "doctor" she couldn't just quit her job and start flipping burgers just to pay less, they would still take it off a % of her income as a doctor.

Otherwise, they might just take into consideration a low income minimum which would base the CS on the % of a full time minimum wage job.

Here in MI, they base it on what you could earn at minium wage for 40hrs.

OW had been basically a data entry clerk.
During the A she told H that she was making $13 per hour...
She changed jobs twice since the A ended.

She told me several times over the course of this year that she had been offered much more money to come work at different companies... yet, she didn't take the jobs.

I have been searching the net to try to find how they would figure it here in TN..
so far, I haven't found that, but I have found other interesting tidbits...

One in particular, that coincides with another conversation in another "arena"... Should the non-custodial parent fail to support or to have contact with the child for 4 months, in the state of TN that parent can be in jepordary of having their rights terminated.
AND just because rights are terminated or signed away, does not end c/s. It can and does continue until the child is adopted or reaches the age of 18 or graduates from high school (whichever is the later).

You seem to love this child so much, obviously can provide a stable home, and a future. Is it possible for you to adopt her?

What happens if anything happens to your husband? Does OW get to take child back? How is this set up legally?

Lynn,
I do love her very much. I want only what is in her best interest.

I would love to adopt her. But, I don't expect OW to just give her to me. OW has been one to want to look like the "victim." She enjoys getting attention when people think she has been "wronged" by just about anyone.
She whined about the Court system removing her son from her custody because she failed to protect him. Her reasoning was that it wasn't her fault that her ex-bf beat her son. Well, true, it wasn't her fault that he beat him.. it was her fault that she didn't protect her son from her ex-bf...
My biggest fear is that she would allow someone to do something like that to Lil Bit.
So, she will basically be the kind to wait and have her "taken" from her. That way she can say that I stole her daughter. Make sense?

You also raise a few good questions. At this time we do not have them "set in stone." I do know that in our state, should something happen to my H, I can fight for custody/visitation rights. I have bonded with Lil Bit and the state will recognize that. I am a large part of her life and they will not remove me completely from her life.

OW is a little intimidated by me. I am not one to sit by and take everything that is just handed to me. I did research, and talked with a few in the legal profession, before we filed to modify custody.
I had done my homework and she knew it.

But I think she does understand that I am trying to do what is best for Lil Bit and she said she finds it easier to deal with me than deal with H.

i am not sure but the court may order her to produce her last 3 years of tax returns and go from there.

<small>[ December 21, 2003, 07:24 PM: Message edited by: twilight ]</small>

Twilight,

***Did I mention my ex lives with his mother and quit a high paying job so he wouldn't have to pay support?***

Our OW quit a job making 5 times what she is making now and then took us back to court to increase cs. <img border="0" title="" alt="[Eek!]" src="images/icons/shocked.gif" />

THUD

I am waiting for him to take me back to court to raise his...I expect he is waiting for my stuff with Hope's father to settle first. Ewww.