QUESTION

Can I afford child support and child care?

Asked on Jan 30th, 2016 on Child Custody - Nebraska
More details to this question:
I did the math on my new job and I won't be able to afford child care costs in addition to child support if I get a divorce. Would a judge actually require me to pay something I mathematically cannot afford?
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5 ANSWERS

It happens every day. You will need either to find more income or to reduce your expenditures.
Answered on Feb 02nd, 2016 at 4:07 AM

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Yes and Maryland law on child support is horrendous, as it is based on gross income of the parties, as opposed to real take-home net income. Child care expenses are figured into the cost of child support and based on the ratio of the two parties income to the total family income.
Answered on Feb 01st, 2016 at 5:10 PM

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Family Law Attorney serving Fountain Valley, CA at Law Office of Edwin Fahlen
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To some degree your take home pay not covering your expenses is irrelevant. There is no question a Judge would order child support to be paid even if you cannot afford to pay your own bills. NO question about that!
Answered on Feb 01st, 2016 at 5:09 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Probably. Courts are highly skeptical of people who claim they cannot pay. The more proof you have of an inability to pay the harder it is for the court to deny your claims. Simply going into court with a pay stub and claiming, "My pay is this much and my expenses are this much" won't likely cut the mustard. But if you show what your average income history is based upon at least a year's worth of pay stubs (or based upon a properly sworn statement from your employer clearly explaining that you're income has been decreased through no fault of your own, or a medical reports worn and supported with documents that shows you can't work or can't work as much as you used to) in addition to providing the court with months and months of receipts showing what your legitimate, recurring, monthly expenses are, you might have a shot at convincing the court to side with you. Good luck.
Answered on Feb 01st, 2016 at 5:09 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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The Judge cannot order you to make payments which would take you below the poverty level.
Answered on Feb 01st, 2016 at 9:22 AM

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