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ZERO child support? Can this possibly be true???

northernsiren's picture

I'll write the whole story out tomorrow, I promise, but my present main point is this. If we got custody of SD, is BM required to pay CS? She is a stay remarried at home mom, and has no income.

I have read on here in the past that in cases like this it's computed based on minimum wage, but BM said she called the court who told her that b/c she doesn't have a job she isn't required to pay.

So let me get this straight, if my FH quit his job tomorrow, he won't have to pay CS anymore? LOL...

Input greatly needed and appreciated!!!

Comments

SM#1's picture

I think it depends on why they are unemployed. Of course there are different standards held to BM. But I think if she does not work becuz her H makes plenty of money she still pays--it is probably a small amount but something.

But I am not for sure and it depends on the state too.

BMJen's picture

But here in GA it's based off minimum wage if the non CS parent doesn't have a job. Because you can have a job......even if it's at MC Donalds. She's just telling you that to make you think she can't. Don't listen to her..........F her.

Talk to your attorney. Not BB. And yes, I mean beast bitch, not bio mom.

northernsiren's picture

To make it also about LOTTERY WINNINGS!!! Said if she won the lotto SD wouldn't be entitled to any of it either. LOL good luck with your ramen noodle microwave pizza family, I dunno how you even budget for lottery tickets, SKANK!

truly believe this to be the case here. Honestly I think BM never called anyone, otherwise, if some legit source had told her this, why would she be so adamant that FH sign this paper? It shouldn't even matter to her, if she knows he won't get anything....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

NCPs arent allowed to be stay at homes or quit their jobs to stop paying CS nc they will still have income potential, so i dont see why she wouldnt have income potential. although, in our case when i brought up to the GAL that its not fair that DH has to pay more bc BM works PT at minimum wage he said "well consider urself lucky bc she COULD choose to stay home to take care of the kid and then youd have to pay MORE." so what do i know? nothing is fair in family court it seems Sad have u consulted a lawyer? even put a call into family court in ur area and just inquire.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

but her hubby doesn't want her making more money than him, so she hasn't done that since he knocked her up and they got married, her most recent employment opportunities have been bagging groceries at the local stop and shop....

We paid 75 dollars to consult a lawyer, who basically told FH that if he forked over 5K, he might have a shot at her folding and giving him the kid. Not the most helpful advice...

I am not even sure if the original custody arrangement was made in superior or probate court. FH has not been very organized with his documentation, nor persistent about pursuing his information at the court... :?

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Rags's picture

We have been told more than once while in court for my SS's custody/visitation/support case that when either parent does not work the unemployed parent is assessed CS against full time minimum wage employment.

This is to insure that the child is supported by both parents. CS can be taken out of SS benefits, unemployment benefits or accrued in arrears to be paid by the NCP eventually. If payment is not made then the parent can go on the dead beat parent list and go to prison for a long, long time.

But ....... it all depends on your judge.

Best regards,

northernsiren's picture

though she does have a slan (to steal crayon's term) who she insists will not pay any CS for SD. He supports her, and the two children under 3 she has, I guess if you want to call it support since they're broke as a joke.

I would LOVE to ask her "okay, so b/c you don't work, you don't have to pay CS? If FH quits his job TOMORROW, it's cool that you no longer get the CS?" Oh in New York minute her ass would be on the phone reporting him for not paying. See she NEEDS that money to live. Honestly, we don't need her damned money, if we did get it, it would probably end up in a savings account for college for SD. NOT shelling out the CS every month is more than enough to cover her needs...

I don't know, perhaps it's not even worth fighting over. It's such a small sticking point, but the principle of the thing is really the point. It's just so sad, in this entire conversation she did not mention ONCE visitation for SD, only money, money money...

She truly is a horrible person. Sad

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

melis070179's picture

If a NCP quits their job, they can use "income potential", as in its based on their previous wages. I was told by our lawyer that a stay at home mom that is the NCP they can base it off minimum wage. However, if she has other children she stay at home with too, they can order no child support.

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

northernsiren's picture

that she can't afford, how that has anything to do with SD though, I'm not sure. SD still needs to be clothed and fed, regardless of her choice to have 2 more kids...

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

melis070179's picture

If she needs the cs to live, why would she be willing to give up SD? Courts aren't fair, especially with BMs! Its kind of like trying to squeeze blood from a stone is what our lawyer said. When my DH got custody, they ordered BM to pay $110/mo (she brought home $885/mo) she never paid it & when we asked a lawyer what we could do about it he said a judge probably wouldn't do anything & itd be like trying to squeeze blood from a stone. Even lawyers don't want to bother going after BMs!

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

northernsiren's picture

that's been the only sticking point this entire time, but now, things are that bad.

she's got a brand new baby at home, and a 2 1/2 yr old, and a teenager that hates her and doesn't obey her the way she feels she should. She's alienated everyone in her family, truly her father, who cared for the 2 1/2 yr old while she was giving birth to the latest spawn and has subsidized their family numerous times, is now banned from the house, her mother is banned from the house, her sister is banned from the house. BM and slan are now on an island in and of themselves, with 2 screaming babies and an angry teenager who is not considered part of their family.

They'll probably just go on welfare to make up the difference. They're already on state health...

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Sia's picture

everything I was gonna say....but I will restate my 2 cents... Smile

First of all, she is delusional...based on that fact alone, she should be able to file for mental disability...hahaha j/k. Anyway, if she seriously thinks she can get away from paying CS, you need to tell her to stop smokin the crack! Wink They will either file it based on income potential, OR minimum wage. Either way, she WILL pay!

disgusted's picture

I know it's really unfair isn't it??? The BM gets disability for being an alcoholic and bipolar so she doesn't have to pay child support either. Not one cent in 12 years...When we were going through their divorce she was granted supervised vistation and, of course, DH was expected to pay for those sessions at $7.00 an hour four hours a week even though he was exclusivly supporting and providing for the step brat...Why? Because the BM was on disability and he made more money then she did...How is that for fair??? I know that if she were to ever become clean, sober, and sane enough to get custody of the step brat DH would be paying her out the nose in child support!! SO, because the BM gets a free ride (SSI) because she is a alkie and mental case, guess who gets to pick up her slack and financially do her part in providing for the step brat? Right...ME...It's bull crap...

In a perfect world their would be retroactive abortion capabilities. ~ disgusted

northernsiren's picture

You would think that the court would have to pay for those sessions, not FH, given they're court ordered and she doesn't have the means. What a horrible situation, I'm sorry!!!

I'm pretty sure the only addiction our BM has though is to getting pregnant and eating ho hos...

sorry, I'm feeling kind of surly today, I had a headache for almost 10 hours yesterday....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

melis070179's picture

hehe! getting pregnant & eating ho ho's...thats hilarious!

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

Sia's picture

Your DH can go to SS office and file for benefits on their behalf. This is a federal law, NOT a state thing, so federal will ALWAYS supercede state. Our BM did the same thing. She really is nuts, BUT she has to give up a portion of her SSI to SD in lieu of CS until SD is 18. PLUS, your Skids are entitled to backpay from the time she filed. They will take it from her portion. If the benefactor had minor children, they are required to pay a portion of their benfits to take care of them....so, she should NOT be getting a free ride! PLEASE go file if you haven't already done so!

StepG's picture

her job about a month ago. We called our lawyer as we are going back to court and the CS will be revisited and lawyer said not to worry that we can show what she has the potential of making. I am in TN and they do income shares model of taking both mom and dad income into account. It is crappy they way the custodial parent can just lose their job or not have one at all and the other parent keep on working and paying them.

bewitched's picture

"To Thine Own Self Be True" William Shakesphere

My then H was making excellent money-I was getting good c/s.

Then he got fired. He got fired for stealing from his employer.

According to my attorney, he wouldn't be able to lower his c/s because he lost his job due to an illegal act.

Hah. Wrong. C/S went from $350/mo to $99/mo. Like overnite. And there was nothing I could do about it.

Hopefully the laws have changed-or possibly, I just had a lousy attorney.