QUESTION
If I make more money than my ex wife, but I have our son for 4 nights and she has him for 3, do I still have to pay child support?
Asked on Feb 14th, 2013 on Divorce - California
More details to this question:
My wife is leaving me, and is trying to get as much money as possible. I do make more money than her, but I have our son for the majority of the time. She is threatening me with child support and taking me to task, threatening to sell my car and things, and just generally being awful about the whole thing. At first it seemed like it would be very amicable, but then she figured out she doesn’t have my paycheck. What do I do about protecting my son? And what realistically am I going to have to pay? She has a car that is worth more than mine, and she wants me to give her 2000.00 to pay the difference because more is owed on hers. Is that legal? How does that work? If I trade mine in and get one with a higher loan that’s worth more is that better? I have no idea what I’m doing, and I’m afraid of losing my son and what little I have now. Please help
15 ANSWERS
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Child support is set by statute. Generally, the spouse that burns more pays more. However, child support can be tailored to consider the amount of time the child spends with the spouse with a higher earning capacity. It is not a good idea for you to voluntarily give money to your wife at this time. Further, it is not a good idea to sell or dispose of property unless you first speak with a lawyer.
Answered on Feb 18th, 2013 at 7:39 PM
Steven D. Dunnings
Just relax. You are in a divorce and threats fly frequently and with contempt. Hire an attorney, file for divorce and get to court to determine custody, parenting-time and child support.? After that, everything should fall in to place. The most intimidating factor in a divorce is the threat of custody and child support to control the other spouse.? Only the Court has the authority to make that determination.
Answered on Feb 17th, 2013 at 11:02 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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Your question really asks for a comprehensive evaluation of your divorce in one email message. That is not possible. Consult an experienced family law attorney.
Answered on Feb 17th, 2013 at 10:59 PM
John Arthur Smitten
If you have the kids more of the overnights and you make more, the support should be zero. You need to run child support guidelines to be sure.
Answered on Feb 17th, 2013 at 10:57 PM
It sounds like you need to hire an attorney right away to protect your rights and your finances. As for the children, you have them the majority of the time, we may want to file for joint custody with you have residential custody. If you would like to discuss your options, feel free to contact our office for a free 30 minute consultation.
Answered on Feb 17th, 2013 at 10:56 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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Go see a family law attorney in your area. You have too many questions and variables to get a satisfactory response through this site. An experienced family law attorney can guide you through this.
Answered on Feb 17th, 2013 at 10:37 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Support is based on income of both parties as well as other factors. Consult with an attorney to discuss factors that will influence this matter.
Answered on Feb 17th, 2013 at 10:35 PM
The new child support guidelines when calculated correctly could allow for a parent who has less time sharing to actually get child support from the other parent. It all depends on what the difference in income is and the number of overnights. The Court may or not order the child support depending on the circumstances.
Answered on Feb 17th, 2013 at 10:09 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Once the divorce is filed and you are served, you can't trade in any vehicles without permission. Look on the back of the Summons for the automatic temporary restraining orders. Support is per guideline - see an attorney to run it for you or check online. It's based on income AND time.
Answered on Feb 17th, 2013 at 9:58 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your questions cannot be answered in this brief forum. You need to talk personally to a divorce lawyer in your home state to learn more about the divorce law of your state and the procedures involved. The important point is that just because she wants something doesn't mean that is what she will get in the divorce case. Generally, if you and she cannot reach a fair agreement you can each live with, a judge will have to decide between the different arguments. You will pay child support if the facts support that determination under state law. Basically, both parents are financially liable to support their children and the only question is what the total amount of support needed and how is that support divided between the parents. The odds are that if you make more money than she does, you probably will pay her something to balance things out, but only an attorney familiar with the child support guidelines in your state can accurately advise you.
Answered on Feb 17th, 2013 at 9:50 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Possibly. The Melson takes many thing into account.
Answered on Feb 17th, 2013 at 9:47 PM
Yes, you will probably have to pay some support but to find out how much you should consult the online calculator or go to see a family law attorney or facilitator who can run the numbers and answer the other questions you have about asset splitting.
Answered on Feb 17th, 2013 at 9:46 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You have many issues to work though and you should probably do that with the help of an attorney to help you see the issues you may not even see in your future, or what the effects are of certain actions today. In California, Child Support is a computer calculation, the main figures to input are the exact gross income of mom, the exact gross income of dad, and the amount of time the child spends with each. The first thing you want to concentrate on is getting a good timeshare, if the two of you can't agree, then you each need to present your case to the Judge and show why the schedule that you propose is in the child's best interest. The Judge will make the final decision. Once the Judge has the timeshare, the court will be able to calculate the Child Support. The division of your assets (property, cars, bank accounts, retirement accounts, etc) and your debts (home loans, car loans, credit cards, personal debts, etc) is a trial issue, and it will be dealt with once the two of you do your Disclosure Statements and are ready for your actual divorce.
Answered on Feb 17th, 2013 at 9:44 PM
These questions are interrelated, but too much to answer in this format. Short answers: child support is based on several factors (the parents' incomes and parenting schedules are only part of the equation), so I can't tell you what child support would look like. The loan against her vehicle is taken into consideration in determining whether the values (equity) need to be equalized. Don't go out and acquire a loan just to avoid the possibility of owing her an equalization payment.
Answered on Feb 17th, 2013 at 9:41 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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There are a number of child support calculators available online that can give you a pretty good estimate of what you would pay if any. You don't state if either of you have filed for divorce. If neither of you have filed and you believe you cannot save the marriage you may want to contact a family law attorney to get advice about your case. Many attorneys offer free consultations. If you can't afford an attorney, you can go to the family law court facilitator's office. They will provide you forms and can help you complete them. However, expect a long line and they won't be able to give you a lot of time.
Answered on Feb 17th, 2013 at 9:41 PM