QUESTION
Is it true that you have to pay the percentage of child support you are required to pay?
Asked on Oct 31st, 2013 on Divorce - Rhode Island
More details to this question:
I was told by an attorney that it doesn't matter what your spouse (wife) makes you will, you still have to pay the percentage of child support you are required to pay. My wife makes close to double what I make in a year. I already pay support for another child. We have three together. Is this true what the attorney told me. I understand I have to pay but I wouldn't be able to pay my own bills if this is true.
7 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Welcome to Florida Divorce Law. You were told the truth; most judges will tell you your personal needs are secondary to the child's.
Answered on Nov 19th, 2013 at 11:59 AM
Child support is based on the percentage of time you are with your children and a balancing of both parties incomes. If your wife makes twice what you do, that amount will go into the computer along with yours to determine child support. Have an attorney run it for you to see what it looks like it will be. Good luck.
Answered on Nov 19th, 2013 at 11:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is not true in Michigan.
Answered on Nov 19th, 2013 at 11:58 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Michigan has a computerized child support calculator called a "prognosticator". Have your attorney run the financial through the calculator ... it takes into account what you pay for support for all your children. It also is highly dependent upon how many "overnights" you spend with your children each year so spend as much time as you can with them. BTW Have your attorney re-run the support calculation for your other child also.. if you have to pay additional new support you could be entitled to reduce your support to your first child. That will take a motion in the court in the first child support case to confirm. This is a good reason not to have children that you cannot afford to support and to spend as much time with your children as you can.
Answered on Nov 19th, 2013 at 11:58 AM
Child support is based upon a formula based upon each parties income and the amount of time the children spend with each parent. What you have been told is incorrect.
Answered on Nov 15th, 2013 at 4:18 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska child support is determined by guidelines which are determined by your income and that of your wife. Additionally, it you have a child support order for a child not born of this marriage, your child support would be reduced by that amount.
Answered on Nov 15th, 2013 at 4:16 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, there are two basic factors that apply: overnight custody and the income of both parents. If custody is 50/50 and she makes double, she will have to pay. If she has 90% custody, then you may have to pay some. All I can do is tell you to talk with a local attorney and pay him or her to calculate what you owe based on the incomes and custody arrangement.
Answered on Nov 15th, 2013 at 4:14 PM