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Can't afford guideline California

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  • Can't afford guideline California

    Last edited by AlexanderDumas; 09-01-2009, 10:17 AM. Reason: no useful responses

  • #2
    You haven't paid child support in three years?

    Find a cheaper place to live. Get a second job. Failing to support your child is not an option.


    • #3
      If you are making enough, that the judge set the CS at $900 a month, then you should have been paying the $200.00.

      As a parent (father) that never received one penny from my ex wife, (3 children) I have no sympathy for you. Your car broke down, so you with held food from your child's mouth for 3 years. Now you are whining. You went to court and spent the money to try to remove the child from the mothers custody, all the while not paying any support?

      You could afford the lawyer, now pay your children.

      Here are the basic guidelines

      California has codified its Guideline in its Family Code sections 4050-4076.[2]

      The California child support Guideline is "presumptively" (but rebuttably) correct and directed toward the following principles or goals:[3]

      * (a) A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life.
      * (b) Both parents are mutually responsible for the support of their children.
      * (c) The Guideline takes into account each parent's actual income and level of responsibility for the children.
      * (d) Each parent should pay for the support of the children according to his or her ability.
      * (e) The guideline seeks to place the interests of children as the state's top priority.
      * (f) Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children.
      * (g) Child support orders in cases in which both parents have high levels of responsibility for the children should reflect the increased costs of raising the children in two homes and should minimize significant disparities in the children's living standards in the two homes.
      * (h) The financial needs of the children should be met through private financial resources as much as possible.
      * (i) It is presumed that a parent having primary physical responsibility for the children contributes a significant portion of available resources for the support of the children.
      * (j) The Guideline seeks to encourage fair and efficient settlements of conflicts between parents and seeks to minimize the need for litigation.
      * (k) The Guideline is intended to be presumptively correct in all cases, and only under special circumstances should child support orders fall below the child support mandated by the guideline formula.
      * (l) Child support orders must ensure that children actually receive fair, timely, and sufficient support reflecting the California's high standard of living and high costs of raising children compared to other states.

      After review, the court has determined that you should be paying $900.00 a month. Pay the child.


      • #4
        You miss my point.

        YOU are responsible for putting food in your child's mouth, not your wife's step father. YOU.

        California has an extremely complicated way of determining support. It went through court. The judgment has been handed down.

        IMHO, deadbeat parents should pay for their children. I do not have a new vehicle, or a fancy house. I invested my money supporting my children. Sell your truck and house and take care of your child. The fun part was over 10 years ago. Now you need to be a FATHER to the child.

        How much do you make a year?


        • #5
          Originally posted by AlexanderDumas
          I'm not a deadbeat parent. I honor my visitation faithfully. I provide for my child when she is with me. I just have not given money to her mother.

          The judgment is proposed at this point, until I appear before the judge to ask him to lower it. But I guess you're telling me there is no chance that will happen. Will the judge take into account that I have a fiance and another child that live with me? I can't sell my house because I couldn't even get what I owe on it with the real estate market crash. So I'll go into foreclosure and have my credit ruined so my child's mother can live it up on my $900 a month?

          I make decent money, but I have student loans, a mortgage, truck payment, etc. $900 a month will basically bankrupt me. I tried to bargain with the mother for an amount around $300 a month, but she will not even respond to my e-mails.

          Anyone else have an experience getting guideline lowered?
          Definitions of deadbeat dad on the Web:

          * a father who willfully defaults on his obligation to provide financial support for his offspring

          * Deadbeat parent is a pejorative term referring to obligor parents of either gender that have freely chosen not to be a financially supportive parent in their children's lives. ...

          * A man, especially one who is divorced or estranged from his partner, who fails to provide monetary child support when he is legally required to do so

          Then you get another job.

          You should stop creating obligations when you will not take care of the first one.

          Can you explain to me how someone can "live it up" on $900.00 a month? I could not even pay rent in CA on that.

          The money is so the child can have decent clothing and food that her father is paying for. As well as a decent place to live. You must provide for the child even when she is with her mother.

          Stop crying and whining, and man up and be a father.

          You knew you had another child when;
          You bought the house,
          you bought the truck,
          you got someone you are not married to pregnant.

          It is not the child's fault that:
          You ran up the student loans,
          you bought the overpriced house,
          You bought a truck that cost more than it should have,
          you had another child.

          Perhaps your girl friend should get a job.


          • #6
            Originally posted by AlexanderDumas
            Look, I get that you think I'm wrong. I'm not trying to avoid child support, I just think the amount is outrageous.

            My other child is not school age yet, so my fiance stays home with her. And she's going to school to get her degree. I also have my degree. I'm trying to set a good example for my children. My ex and her husband didn't go to college. I don't think they place the same importance on education that I do.

            I think $300 a month is plenty of money for food, clothes, etc for my child. Why should I also have to support her additional children by paying $900 a month? Why should I have to make her car payment or something like that when that large amount is going to force me to sell my truck or my boat. And even if I do sell those things, what happens when the money I get for those is gone? How do I pay $900 a month for the next 7 years? That's almost $76,000! I work full time. I can't get another job.

            Really, I just need to hear from other people who have asked the judge for a lower amount than guideline and succeeded. What did you do to get the amount lowered.

            Thank you

            You want to set a good example, support your child the way that the court has determined.

            You bought a boat instead of paying for child support. (When did that happen, after you fixed your "broken" car??) You took it to court and lost. You paid a lawyer and lost worse. Nobody here has a magic "get out of child support free" card.

            The advice given here leans towards how to get people like you to man up and support your child.

            You just do not understand that you have to pay for the children you father.

            There are 168 hours in a week. Do like so many others, and get another job.
            Last edited by GotSmart; 09-01-2009, 10:38 AM.


            • #7
              I guess he now has a clue.

              Nobody here has a magic "get out of child support free" card.


              • #8
                "No useful responses" translates into, no one is telling me what I want to hear.

                If you are still monitoring, Alexander, we have NO IDEA what you would have to tell a judge in order to get the CS lowered. We are not familiar with your finances, your job history, or, for that matter, your overall custody issue.

                There are limits to what a message board can supply and information that specific is beyond them.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                • #9
                  Originally posted by AlexanderDumas View Post
                  I think $300 a month is plenty of money for food, clothes, etc for my child.
                  You're forgetting the roof over your child's head, the utilities that keep the house going, the vehicle that gets your child around... Just because your ex would have all of those things whether she has your child or not, doesn't mean you shouldn't have to pay your share for what your child is using, and doesn't mean your child should have to do without the things you can afford just because you and mommy don't get along.

                  Originally posted by AlexanderDumas View Post
                  Why should I also have to support her additional children by paying $900 a month?
                  But you plead poverty because you have another child to support? This isn't about your other child, and this isn't about ex or her other children. This is YOUR obligation to support YOUR child.

                  Originally posted by AlexanderDumas View Post
                  Why should I have to make her car payment or something like that when that large amount is going to force me to sell my truck or my boat.
                  It isn't about where the money goes. Why should your ex support your child by herself while you can own a home (real estate in California, really?) and a boat? You have no business owning those things for yourself and claiming you "can't" meet your child support obligation. Your child comes first.

                  Originally posted by AlexanderDumas View Post
                  And even if I do sell those things, what happens when the money I get for those is gone?
                  Didn't you say you have monthly payments on those things? How will that money be "gone" unless you start spending it on something else? If you have the spare cash every month to put towards your payments, that's money that could be going to your kid instead if you managed you finances more responsibly.

                  Originally posted by AlexanderDumas View Post
                  I work full time. I can't get another job.
                  There are PLENTY of people who work more than one job. You do what you have to do to support your family.