Child support question

[jfoofj]

I'm not very child support savvy... I get it for my son and DH pays it for his son, but the amounts have always been the same (DH's adjusted once when his ex wanted more $). DH pays automatically through his pay, and my ex electronically sends it to my bank account.

My friend is in the middle of a divorce... settlement agreement signed by both parties, just waiting for their court date. Her ex has been paying the amount they determined (using a mediator and state child support guidelines) since he moved out. He was fired from his job. He is currently in the waiting process for unemployment (not sure how that works either, since he was fired is he even entitled to it?). He told her he will be unable to give her any support anytime soon. She is freaking out, she won't be able to pay her mortgage without child support. Her house is on the market currently, and she plans to move into a MUCH cheaper apartment as soon as it sells, things just aren't selling right now. She works fulltime, is salaried so she can't get OT and is looking for a part time job for the weekends her kids are with her ex.

This is all in Massachusetts. I know it varies by state, but shouldn't he still have to support his kids even though he got fired? You always hear about people's bank acounts being seized and tax refunds taken.... I can't imagine he is just off the hook because he has no income.

Thanks in advance... she is waiting for a return call from her mediator and googling info now.

 

[JoiseyMom]

I'm not very child support savvy... I get it for my son and DH pays it for his son, but the amounts have always been the same (DH's adjusted once when his ex wanted more $). DH pays automatically through his pay, and my ex electronically sends it to my bank account.

My friend is in the middle of a divorce... settlement agreement signed by both parties, just waiting for their court date. Her ex has been paying the amount they determined (using a mediator and state child support guidelines) since he moved out. He was fired from his job. He is currently in the waiting process for unemployment (not sure how that works either, since he was fired is he even entitled to it?). He told her he will be unable to give her any support anytime soon. She is freaking out, she won't be able to pay her mortgage without child support. Her house is on the market currently, and she plans to move into a MUCH cheaper apartment as soon as it sells, things just aren't selling right now. She works fulltime, is salaried so she can't get OT and is looking for a part time job for the weekends her kids are with her ex.

This is all in Massachusetts. I know it varies by state, but shouldn't he still have to support his kids even though he got fired? You always hear about people's bank acounts being seized and tax refunds taken.... I can't imagine he is just off the hook because he has no income.

Thanks in advance... she is waiting for a return call from her mediator and googling info now.

He is going to have to go back to the court, mediator to get the support changed because of his income changing. He will owe what he isn't paying and be in arears, until the support order is changed, if it is changed.

It does take awhile for the system to go after any assets he may have. I was a single mom for over 10 years, and my ex owes me a fortune, I never recieved 1 red cent. I know it stinks, but your friend should not depend on her ex-s money, things can change, people lose jobs etc, and some ex-spouses are deadbeats. If they were still living together what would she do? He wouldn't have an income then.

It is a bad situation and a no win.

 

[tiggger1]

I have a friend whose ex stopped paying his child support last year. I think she had to wait a few months before she could submit an official claim, for the state to go after him for it. Once they did that he had to "pay" her a late few plus an additional percentage, in addition to what he already owed, so her $1200 a month check was supposed to be $1500 with all the fees.. . I know it took her MONTHS to get any money and he stills owes her a bunch

 

[torinsmom]

I don't think you can get unemployment if you get fired, at least you can't in NC. If he got laid off, he can get it.

Your friend needs to go see the child support office in your county. They have them in NC and I am assuming they have them in other states. Has he been giving her the money on his own? My ex lasted about one month doing that and then I had to go to court to get it taken out of his paycheck. If your friend's ex gets any kind of income, he will have to pay CS.

I know people can say you shouldn't depend on CS, but when you are suddenly responsible for paying everything, you do count on that money to pay the bills. Before there were two full incomes to pay the bills and now there is only one. Sounds like the friend is trying to lower her expenses, but it does not happen overnight, especially in an economy like this.

 

[floridaminnie]

Mass. is one of those friendly employee states where even if you are fired it's almost impossible not to still get unemployment if you fight it. If he does get unemployment, she needs to make sure that an order is in effect. My ex NEVER gave the order to his new employee. A couple of years ago, I filled out paperwork for the state of Florida to take over the whole child support process. They are the ones that actively find his current employer and garnish his wages. He is so far in child support that money has been taken from his checking account, taxes were redirected for child support payment, his passport has been revoked and his driver's license was taken away.

 

[Darcy03231]

Child support is based on income in Mass. Even if he doesn't have an income there's a minimum amount he would have to pay (I think its around $50/mo per child).

He needs to go back to court/mediator to get the amount changed based on his current income. Once he starts collecting unemployment (if he can) it will be based on that. Once he gets a new job they will need to go back and get it changed again.

 

[Acklander]

If her kids are with her ex, and she's the one working, wouldn't she have to pay child support?

 

[floridaminnie]

If her kids are with her ex, and she's the one working, wouldn't she have to pay child support?

From what she said, he has the kids on the weekend. Sounds like she has primary custody with him having visitation.

 

[jfoofj]

Hi again...

She has the kids as the primary custodial parent (they stay w/ her mom while she works during the summer and go to school in a couple weeks). He has them one night during the week for dinner (5-8pm) and every other weekend Fri evening till Sun evening. The child support was figured using the support calculator for our state, taking both incomes into consideration. He earned a lot more than her, and her support was approx $250/week.

Hopefully her house will sell soon, and she can move into an affordable apartment. Her parents have offered for her to come live with them, but that would mean changing their schools and she would rather not do that to them since they have had so much change and upheaval in their lives recently, but if she has to, then she has to.

 

[chloelovesdisney]

She should consider renting the house and renting a cheaper apartment, asap.

 

[torinsmom]

I would recommend anyone who gets divorced and has kids to get the CS through the state. I have known too many "fathers" who did not pay CS until they were made to do so. I trusted my ex would pay, and once he did not, it took me 6 months to get a court date and get it taken from his check. I did not get the 6 months back support at once, just a little more each month for several years. I struggled for those 6 months, and if not for my parents, we would have been homeless.

Once you get it through the state, they will get the money anyway they can to take care of the kids, because they are what its all about.

Marsha

 

[jfoofj]

She is going to have the support go through DOR because he makes a big show in front of the the kids of giving her "so much money" and she hates it. They go to court soon for their court date. She is just freaking out that the court will lower or suspend child support due to his unemployment. He has been with the company for almost 20 years, so he must be getting his vacation time and other stuff paid out to him.... he should put that aside for support. She is paying a mortgage and for everything for the kids while he lives rent free with his new girlfriend. Hopefully she sees what a catch he is and dumps his tush. ANYWAYS, I'm trying to just focus on helping her get what she needs for her kids, and telling her to let karma deal with him. It will.

 

[taximomfor4]

She is going to have the support go through DOR because he makes a big show in front of the the kids of giving her "so much money" and she hates it. They go to court soon for their court date. She is just freaking out that the court will lower or suspend child support due to his unemployment. He has been with the company for almost 20 years, so he must be getting his vacation time and other stuff paid out to him.... he should put that aside for support. She is paying a mortgage and for everything for the kids while he lives rent free with his new girlfriend. Hopefully she sees what a catch he is and dumps his tush. ANYWAYS, I'm trying to just focus on helping her get what she needs for her kids, and telling her to let karma deal with him. It will.

I think part of the reason they will review and reduce is because if they were still married, he could still lose his job (for various reasons). ANY 2-parent 2-income family could wind up being a 1-income family without the means to do so.

I don't know about all states, but here, they can "allocate" income to either (or both) parents. My hours were cut at work, and ex changed jobs. So both of us made less money. They allocated my income (saying that I COULD work more hours if I wanted to), and allocated his (he chose to leave for a lesser paying position).

Definitely tell her, never EVER make living arrangements with child support factoring into the budget. Some (many) people never see a dime. Others have crises/other things that happen to make that money no longer come.

 

[torinsmom]

If they reduce it b/c of unemployment, it would be temporary until he got a new job, then they would revisit it, depending on his income. CS is based on income, so it can change due to a change in income. My ex has kept the same job for 17 years, but he makes almost as much at his second job and CS does not count that income. They use the primary income only. Works well for me too now that I have 2 jobs. My CS is only $225 month plus insurance though.

And tell your friend not to worry, OP. My ex and I have been divorced for 12 years now. Karma can be something else. He has been through about 8 girlfriends, a second wife(that lasted less than a year and he left her when she was 8 months pregnant) and just broke up with a loony toon whose son threatened to kill him, so he had to get a restraining order Had to be made to pay for his baby girl as well.

 

[jfoofj]

If they reduce it b/c of unemployment, it would be temporary until he got a new job, then they would revisit it, depending on his income. CS is based on income, so it can change due to a change in income. My ex has kept the same job for 17 years, but he makes almost as much at his second job and CS does not count that income. They use the primary income only. Works well for me too now that I have 2 jobs. My CS is only $225 month plus insurance though.

And tell your friend not to worry, OP. My ex and I have been divorced for 12 years now. Karma can be something else. He has been through about 8 girlfriends, a second wife(that lasted less than a year and he left her when she was 8 months pregnant) and just broke up with a loony toon whose son threatened to kill him, so he had to get a restraining order Had to be made to pay for his baby girl as well.

Hopefully the house sells soon... there is a great apartment that will be available in her town Oct. 1st. She can swing it (barely) on her own, so she won't need the CS, but it will sure make life easier.

As for her ex, she is relieved it is over. They have had issues for years and he always promised to change, and she stayed for the kids. She feels he did her a huge favor by leaving, it just leaves her in the lurch financially. She will land on her feet, though.

 

[jillyb]

I don't think you can get unemployment if you get fired, at least you can't in NC. If he got laid off, he can get it.

Your friend needs to go see the child support office in your county. They have them in NC and I am assuming they have them in other states. Has he been giving her the money on his own? My ex lasted about one month doing that and then I had to go to court to get it taken out of his paycheck. If your friend's ex gets any kind of income, he will have to pay CS.

I know people can say you shouldn't depend on CS, but when you are suddenly responsible for paying everything, you do count on that money to pay the bills. Before there were two full incomes to pay the bills and now there is only one. Sounds like the friend is trying to lower her expenses, but it does not happen overnight, especially in an economy like this.

That's not true. You can get unemployment if you were fired. NC is an "at will" State, which means you can quit your job any time for any reason and an employer can fire you at any time for any reason. There are, however, certain circumstances of being fired that will prevent someone from receiving unemployment but if the employer doesn't contest it then "you" get unemployment benefits.

 

[JoiseyMom]

Hmmm...he got fired from a job he held for 20 years? Unless it was a layoff, there is a good chance he got himself fired on purpose so he doens't have to pay her child support.

As another poster said, she shouldn't depend on the child support for supporting the kids. WHen and if she gets it, she should use it for extras for the kids, or college fund, or just emergencies. Good luck to her.

 

[Tuffcookie]

This is a no win situation. I agree, if he was fired, I don't know if he can even get unemployment. Your friend may have to file bankruptcy on top of the divorce. She needs to talk to her lawyer.

TC

 

[torinsmom]

That's not true. You can get unemployment if you were fired. NC is an "at will" State, which means you can quit your job any time for any reason and an employer can fire you at any time for any reason. There are, however, certain circumstances of being fired that will prevent someone from receiving unemployment but if the employer doesn't contest it then "you" get unemployment benefits.

My BIL got fired a few months ago and was not able to get unemployment. He did try, and has had to take jobs delivering papers and pizzas, and that is not bringing in 1/2 of what unemployment would. He was fired after 17 years; had a few infractions(he was a bus driver and had had a few small fender benders and had been late one too many times).

Marsha

 

[SC Minnie]

My BIL got fired a few months ago and was not able to get unemployment. He did try, and has had to take jobs delivering papers and pizzas, and that is not bringing in 1/2 of what unemployment would. He was fired after 17 years; had a few infractions(he was a bus driver and had had a few small fender benders and had been late one too many times).

Marsha

It depends on how the company words the firing and if they fight unemployment. DH was fired after 15 yrs with a company because the CEO didn't like him. No other reason. He had great performance reviews. He was let go, got a severance package, and was told they would not contest unemployment if he didn't sue them. Oh, and he worked in NC-- CHarlotte.