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  • calculation arrears Indiana

    I am very concerned about an order/notice to withhold income for child support my employer received today. My ex-husband got custody of our son and I have been paying support since last February. I pay $30 a week. In July I gave birth to my 3rd child and did not pay my support for almost 2 months. Both before and after this, I NEVER missed a payment. I understand that I should have to pay this back, but why on earth would they order $20 a week extra???? When I was first ordered to pay, I had to pay an arrearage in the amount of $5 extra per week, which would be ok. How do they determine how much you have to pay? I cannot afford this! I have 2 other children to support. Help!

  • #2
    They ordered $20/wk because you owe the money. You don't get to set the amount you will pay back. Added to that, you already have a history of failure to support your child (based on your previous order to pay extra due to arrearage.)

    Now, the question is...what percentage of you pay does this extra $20 + your regular support add up to?

    I understand you are worried about supporting your other 2 children, but that does not negate your legal responsibility to support your other child. Having a new baby doesn't cut you a break. There are some states that take new children into account, but even then, you have to file for a modification of child support and realize that it's not going to be a significant decrease.
    Last edited by mommyof4; 01-22-2008, 06:20 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      re calculation arrears indiana

      I understand that I owe the money. But I must correct you when you say that I failed to pay before this. The $5 extra I had to pay in arrearage before was from the date support was asked for until the date it was ordered, that had nothing nothing to do with me.

      As I said before, the ONLY time I did not pay was when I was on my maternity leave

      And I only make $8.25 an hour/30 hours a week which equals $247.50 before taxes, so my check for 2 weeks is on average $400. Taking $100 per check would bring me down to $600 net per month. How is that Ok? Plus I go to school part time and cannot get another job due to that.

      And on the child support worksheet in Indiana, you do get credit for additional children you have to support. I already receive that credit.

      I know nothing can be done about this; but I also think that it is crap that his spouse's income is not included. She is an RN and makes a lot of money. Because of that, he quit his good paying job, and now works as a landscaper, making no money in the winter. That is not fair.
      Last edited by lday511; 01-22-2008, 07:03 AM.

      Comment


      • #4
        I suggest you put your education on hold right now. You have 3 children to support.

        You already recieve the extra child credit and they are not taking out more than allowable by law. So, it's perfectly legal.

        Why in the world would you think it would be his new spouse's responsibility to contribute to your and your ex-husband's child's financial support in ANY way? She/He is your child. Y'all chose to bring the child into the world, Y'ALL support that child.

        You further chose to bring other children into the world that you could not financially afford. That's nobody's fault but yours.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          re

          First of all, I think you could have answered all of my questions without being so rude! You do not know my circumstances, or his.
          Second, how am I ever supposed to be able to support my children without a proper education? That is really bad advice to give someone who is trying her hardest to get her life together. What benefit would come of me quiting school?? None, I would just never be able to adequately support my children.
          Third, I don't believe it is her responsibility to support my child, but I don't think he should be allowed to take an extremely lower paying job because of the fact that she is supporting him!

          Comment


          • #6
            Originally posted by lday511 View Post
            First of all, I think you could have answered all of my questions without being so rude! You do not know my circumstances, or his.
            Second, how am I ever supposed to be able to support my children without a proper education? That is really bad advice to give someone who is trying her hardest to get her life together. What benefit would come of me quiting school?? None, I would just never be able to adequately support my children.
            Third, I don't believe it is her responsibility to support my child, but I don't think he should be allowed to take an extremely lower paying job because of the fact that she is supporting him!
            What is it with people mistaking honesty for rudeness???

            Did I call you names? Did I insult your intelligence?

            Nope. I asked a very legitimate question and gave you the correct answer (and some very practical advice.)

            Your 'situation' makes no difference when it comes to supporting a child you brought into this world. Complaining about how unfair that is or that his new wife should have some responsibility to support your child is pointless.

            Do what you want. The order is within legal guidelines. You have no recourse. It's not about YOUR benefit. It's about feeding, clothing and supporting your child. Kiddo can't wait while you get your degree.

            If his wife wants to be his sugar momma, that's her money to burn. She can cut him off at any time. The point is that it is completely up to her as to how she wants to spend her money. No court has the right to tell her she must contribute to the support of this legal stanger (that would be the child.)

            Oh, another thing...are you married? Where is the father(s) of your other two children? Surely you are recieving help and support from him (them?). (and no, I am not trying to imply that you are just having babies indiscriminately with random people. There are just an awful lot of people with multiple children of different parentage. Since I don't know YOUR situation, I am allowing for any possibility.)
            Last edited by mommyof4; 01-22-2008, 08:24 AM.
            HOOK 'EM HORNS!!!
            How do you catch a very rare rabbit?
            (unique up on him)
            How do catch an ordinary rabbit?
            (same way)

            Comment


            • #7
              re

              I just think you could have been honest in a nicer way. It just seems that you are passing judgment that I am a deadbeat and that is not the case.
              It just really upsets me that he has physical custody of him anyway. I divorced him because of abuse to me, and have three police reports showing that. I have doctor's notes showing that I took my son in for bruising on his butt when he came from his father's. His new wife had called 911 and had him and my son kicked out of their home in the middle of the night. I am just very upset with the whole situation.
              When we divorced, we agreed upon joint custody, that continued for 3 years. Then he said he was going to go for full custody, so I did before he could. Domestic relations got involved, did an investigation and determined that we should keep joint custody.
              A year later, my ex accused my boyfriend, and father of both of my other children, of abusing my son. He had a mark on his upper arm like he had been grabbed up by the arm. Didn't ask us about it, got an emergency hearing and got temporary physical custody pending an investigation by a guardian ad litem. This took over a year!!!! I did everything in my power to get the investigation moving along, phone calls, status updates, etc. I knew that the longer he was in his custody, the more likely it would stay that way. Which is exactly what happened, because he's adjusted now to the change, it should stay that way!? I do not believe that is right. Even in the Guardian ad litem's report, she recommended we stick to joint physical and legal custody. Now how are we going to wait over a year for this determination and then the judge not even go by it??!!!
              As far as the support goes, I know I need to help support him, I want to do that as well. But his father won't even send him an overnight bag when he comes with me, which means I have to have everything he needs at my home too. It is in the Indiana Parenting Time Guidelines that he is to supply an overnight bag.

              Comment


              • #8
                I just think you could have been honest in a nicer way. It just seems that you are passing judgment that I am a deadbeat and that is not the case.
                Your interpretation of a simple statement of fact is not my fault.
                It just really upsets me that he has physical custody of him anyway. I divorced him because of abuse to me, and have three police reports showing that. I have doctor's notes showing that I took my son in for bruising on his butt when he came from his father's. His new wife had called 911 and had him and my son kicked out of their home in the middle of the night. I am just very upset with the whole situation. When we divorced, we agreed upon joint custody, that continued for 3 years. Then he said he was going to go for full custody, so I did before he could. Domestic relations got involved, did an investigation and determined that we should keep joint custody.
                A year later, my ex accused my boyfriend, and father of both of my other children, of abusing my son. He had a mark on his upper arm like he had been grabbed up by the arm. Didn't ask us about it, got an emergency hearing and got temporary physical custody pending an investigation by a guardian ad litem. This took over a year!!!! I did everything in my power to get the investigation moving along, phone calls, status updates, etc. I knew that the longer he was in his custody, the more likely it would stay that way. Which is exactly what happened, because he's adjusted now to the change, it should stay that way!? I do not believe that is right. Even in the Guardian ad litem's report, she recommended we stick to joint physical and legal custody. Now how are we going to wait over a year for this determination and then the judge not even go by it??!!!
                This is a completely seperate issue from CS. I know it's frustrating, but....
                As far as the support goes, I know I need to help support him, I want to do that as well. But his father won't even send him an overnight bag when he comes with me, which means I have to have everything he needs at my home too. It is in the Indiana Parenting Time Guidelines that he is to supply an overnight bag.
                Again...a seperate issue, but...

                Have you addressed this issue with the court?

                Right now, you are in a financial bind. The only way to dig yourself out of that financial bind is to work more hours. You have 3 children to support. Your education AT THIS POINT seems to be a 'luxury' you can't afford. If you upped your hours to a full 40, you would have that arrearage paid off that more quickly. Continue working those hours for another year and build up a little cushion to put aside for when you can afford to go back to school. I didn't tell you to quit school and forget about ever going back. I am telling you, practically speaking, that there are other priorities right now and that they are pretty easily handled IF you are willing to do it.
                Last edited by mommyof4; 01-22-2008, 09:34 AM.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  re

                  Unfortunately, I cannot afford to address these issues with the Court. I cannot even really afford to pay my attorney for what he has done so far. I guess my real question is, if the judge only ordered $5 extra per month ( for the time child support was asked for until the date it was ordered) why is the child support division asking for $20 extra. Can't something be worked out, it's not like I owe thousands of dollars. I owe around $240. It just seems so high when there is so little owed.
                  Also, isn't the arrearage an issue that should be turned over to the judge in our case? Why was my attorney not even notified of this? I thought since we both have legal representation, all matters should be referred to them.
                  Last edited by lday511; 01-22-2008, 09:41 AM.

                  Comment


                  • #10
                    I cannot definitively answer why what was ordered was ordered. I can, however, hazzard a guess into the court's reasoning:

                    If you could afford to take off 2 months to have another child, you could afford to keep up with the $240 in CS due.

                    If your CS is going through CSE, then CSE has the authority to order payment of arrears, etc. Your ex doesn't even have to be aware that any action was taken.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      2 "rudes" for Mommy today. Again, not rude but honest.

                      I am the mother of 3 children and step-mother to 3. My husband has paid child support faithfully since day one. That is HIS responsibility to ensure that it is paid. Now with saying that, if the situation were to arise where his pay was unable to cover the CS, I would definitely make sure it was. That was part of the deal I chose to marry into. But if I were to walk out tomorrow, my "choice" to pay HIS CS would walk out the door with me.
                      If his wife's income should be calculated so should your boyfriends. He should have paid your support for oldest son while you were on maternity leave with HIS baby.

                      Have you contacted CSE and asked if they could possibly lower the arrear payment? The worse they can say is no.
                      Last edited by atsiamanda; 01-22-2008, 12:57 PM. Reason: content...
                      Amateurs built the Ark, Professionals built the Titanic

                      Comment


                      • #12
                        2 "rudes" for Mommy today. Again, not rude but honest.
                        I know! What is up today?
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment


                        • #13
                          Originally posted by mommyof4 View Post
                          I know! What is up today?
                          Sometimes people hear what they don't want to hear. They say it's rude, uncaring or you just don't understand! My 13 year old is a perfect example...She hears "He** NO , at 13, you are not going to walk the mall until it closes and then see a 10:00 movie with your friends." as "I don't love you and want to make your life miserable!"
                          Amateurs built the Ark, Professionals built the Titanic

                          Comment


                          • #14
                            re

                            AGAIN, what I am saying is that HE should not be able to quit his job voluntarily and choose to get a lower paying job. Income is supposed to be based on potential earnings; i.e. you can't quit your job as a paralegal to go work at burger king to collect more child support and enable you to be lazy. Support is supposed to be based on what you could be making with your education and experience.
                            I do have a call into the child support division to try to get it lowered. Shouldn't they be able to garnish it from my taxes if I would rather do that?

                            Comment


                            • #15
                              I see that you don't want to quit school to get another job to be able to pay your CS. However, You have to realize something a mother's job is to sacrifice for her children, and that means getting another job if you have to in order to support them. Your ex's wife has nothing to do with this, she should not have to help pay for your child. I am a mother and am appalled by what you are saying. Do what you need to do to take care of your children.

                              Comment

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