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For the last year my wife and I have been on unemployment. I pull in $1,100.00 and she gets $400.00. She has now moved out as of june first and has left the marriage. We have 3 children. Does she have dibs on my potential earnings as far as child support goes or does it stay where it was when she decided to leave?
21 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I'm not clear from your letter whether your wife took the children with her. Whoever is the residential parent will likely receive child support from the other.
Answered on Jul 04th, 2013 at 12:03 AM
Debra L. Palomino
Child support will be calculated once a petition to establish it is filed or one of you files for divorce.
Answered on Jul 04th, 2013 at 12:03 AM
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In Louisiana, child support is based upon a combination of your income and your wife's income in what is known as the "income shares" method. The calculation is made by adding together your gross incomes and obtaining a "basic child support obligation" from a grid which is enacted by statute. When you become fully employed, as opposed to being on unemployment, your income will increase, probably dramatically. Your wife can have child support recalculated (and increased) at that time if she requests in a formal action against you in court.
Answered on Jul 14th, 2011 at 11:55 AM
William Guy Pontrello
child support is always modifiable base on substantial change in circumstances.
Answered on Jul 14th, 2011 at 11:02 AM
Steven D. Dunnings
Is there an existing child support order? If not, you will have to pay some amount of support depending on the income of you and your wife.
Answered on Jul 14th, 2011 at 10:27 AM
Wisconsin has set guidelines on child support. It is dependent on what each party earns (or in some cases - could earn), the number of children, and where they are placed (spend overnights). It is not dependent on who leaves and what each party earned when leaving.
Answered on Jul 14th, 2011 at 9:57 AM
Patricia C. Van Haren
Child support is always modifiable. As your income increases, so will your support obligation. If either of you remains unemployed, either of you can request that the court make support orders based on your respective earning capacities.
Answered on Jul 14th, 2011 at 9:44 AM
Child support is calculated based on statutory a statutory formula that takes into account several factors. Based on those factors, you might owe child support, but it is impossible to say without knowing more about your case. I recommend you speak with an attorney who can assist you with calculating various child support scenarios.
Answered on Jul 14th, 2011 at 9:15 AM
Child support is based upon your income, your spouse's income and the percentage of time each parent has physical custody of the children. There is a computer program called a dissomaster which a lawyer can run for you to tell you how much child support you will have to pay, but it is best for you to come into an experienced family law office to obtain the answers and help you need.
Answered on Jul 13th, 2011 at 2:46 PM
Your question is a bit unclear, but if I understand it correctly, the answer is "neither." For an explanation as to how it actually works,\
Answered on Jul 13th, 2011 at 2:25 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If the children continue to reside with your wife, absolutely yes. Both parents are financially responsible for support of their children. How that responsibility is divided between the parents and who pays what to whom depends on all the circumstances and financial information. It is not a question of who has "dibs" on money - child support is right of the children and a court will decide how to enforce that right.
Answered on Jul 13th, 2011 at 1:30 PM
Roianne Houlton Conner
Unfortunately if you earn more money, the ex-wife can always ask the Court to refigure the child support based on your new wages. If the child support amount increases by ten percent or more then she can get a larger amount of child support.
Answered on Jul 13th, 2011 at 1:25 PM
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Child support will be adjusted if either Party has a substantial change in income.
Answered on Jul 13th, 2011 at 1:25 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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To Whom It May Concern: You and your wifealways have the right to revisit the issues of child custody, support and visitation. The supportaward will be based onthe both of your currentearnings at the time the request for support is made, and of course, depends upon your relative timeshares with the children. I suggest '50/50', "week-on/week-off' to you.
Answered on Jul 13th, 2011 at 1:24 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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The primary parent will receive child support consistent with WA State support guidelines and worksheets. The primary parent is the parent who has the most majority of overnights with the children in a calendar year.
Answered on Jul 13th, 2011 at 1:16 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you have three children and they live predominately with her, then you would be required to pay child support to her. Whoever chose to leave is irrelevant to child support.
Answered on Jul 13th, 2011 at 1:16 PM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law, if the children will be residing primarily with your wife, then you will need to pay child support to her for your share of the costs of raising the children. If you are unemployed, the court may set your child support obligation based on your earning potential (this might mean looking at what you made in the last job you had). Her income or earning potential is factored in as well. Also, child support may be adjusted from time to time over the years based on changes in incomes.
Answered on Jul 13th, 2011 at 1:15 PM
As a starting point, child support is calculated based on what you and your spouse are actually earning. Than information goes into a mathematical formula, along with certain other information, like the number and ages of the children, and certain expenses, and out pops the child support number. However, if a court becomes convinced that either or both of you are voluntarily unemployed or voluntarily under employed, then the court can "impute" income to either or both of you in calculating child support. What this means is that in some circumstances, the court may use what the court thinks you should be earning rather than what you are actually earning. The court when it imputes income can use the national average income for someone of that age and gender. Instead, it could also impute based on your historical income. In terms of the future, the statute allows child support to be modified or adjusted in the future. How often this can be done, and whether it is financially worthwhile to do it depends on the specific facts and circumstances of your case.
Answered on Jul 13th, 2011 at 12:58 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You don't have enough information for me to answer this. If she has primary placement, you will pay 29% of gross. If you have primary placement, she will pay 29% of her gross. If you have shared placement, it will depend on the percentage of time the children are with each that will dictate the amount.
Answered on Jul 13th, 2011 at 12:57 PM
Glen Edward Ashman
You have a duty to support your children. Even without a court order, if you go 30 days without paying you commit a crime and can go to jail. Since you are separated you need to sit down with a lawyer to determine how to legally resolve things.
Answered on Jul 13th, 2011 at 12:46 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Child support will be set based upon your current earnings. If your income changes, child support can be modified in the future. CONFIDENTIALITY STATEMENT.
Answered on Jul 13th, 2011 at 12:46 PM