Child support obligation?

[Bitter Mom]

What is the name of your state? IN

Can the courts count me as having income on the child support obligation worksheet if I must stay at home to care for a disabled child who BTW is ICF certified? I have been told that this is usual and customary to include min. wage as potential income but was under the impression this is not so due to the extenuating circumstances. I guess I am confused about this as I found "some" info in the Indiana Child Support Rules and Guidelines and in IC 31-16-6-1 that contradict what is "usual and customary".

Also, husbands atty says husband would have to pick up my portion of child support anyway(because I can't go to work yet) so it doesn't matter if they list an income for me or not. Does anyone know if that is true. My atty said she has never heard of this before. Does anyone out there know anything about this?

I HAVE BEEN ACCUSED, BY POSTERS HERE, BEFORE OF TRYING TO GET SOMETHING FOR NOTHING SO I WANTED TO CLARIFY THAT I CANNOT WAIT TO RETURN TO WORK. DAUGHTER WILL BE ATTENDING SCHOOL FT IN 2YRS. I LOVE MY CHILDREN BUT NEED A BREAK...BAD!

 

[bulldogg70]

When you say you have to care for a child that is disabled and cert. as such, is that your own child or a ward of the state. If the child is your own there are special circumstances here, however, the law usually states min wage as a minimum Assessment. However, if the child is a ward of the state then you are recieving nice income... maybe and that total amount could be used towards childsupport for the other childrens calculation.

 

[nextwife]

Some of my follow adopters are parenting multiple children with severe SNs. Combinations of Autism,spina bifida, partial paralysis, multiple amputees, FAS, brain injuriesinflicted by their bioparents on top of severe orphanage delays & impacts. Part of our discussion is services and programs. There must be programs your child is entitled, under the law, to utilize and benefit from? When my child was recieving special services, a number of the other 3 year olds in her small class were seriously impacted by various issues.

How old is your child? Are there no programs that would be beneficial for your child during at least a portion of the day?

 

[kat1963]

Indiana is income share. Did you work it up on the calculator? VA is also income share therefore if the CP has an income or is imputed it actually raises the total amount of the obligation for the NCP. (hence the term, income share). Is your child collecting SS? If so, you should ask your lawyer how this also impacts your ex's support obligation. Some states add it to the NCP's income, some deduct it.
I took a few minutes to look it up. You should know that Indiana is one of the HIGHEST states for child support amounts.
KAT

 

[no$$4us]

child support guidelines

I would ask a couple of attorney's that question and let the majority rule.
My attorney said that I can prove my income in my business is a negative net and that it has not always been that way. My business has had a downward trend the past couple of years.
I also have 3rd child and work out of my home.
I am confident as in my recent custody hearing that i will be able to claim zero income and also prove that my current husband is providing support to himself, my third child and myself. Then I provide some support to the children and my ex provides the rest.
Quite frankly I think I should be able to demand my unpaid rehabilitative alimony that was meant to help continue my education I have to worry about what income I must impune on my earnings statement.
My ex is over $43,000 in arrears to me.

 

[Bitter Mom]

Thank you and some answers to your questions

I want to start by thanking you all for your posts.

She is my own child. She is now 5 1/2 yrs and is severly autistic, no "real" communication only echolalia(repeating words or phrases that she has heard-sometimes delayed, such as part of a commercial) and severe self injurious behaviors. She receives special service for 3 hrs per day, M-TH through our school corp. I have signed her up for the SS waiver, DD waiver, Autism Waiver and CHOICE all of which have several years wait times. I am not aware of any programs, other than respite care that she is entitled to and state funded insurance programs. Respite care is not for work or school. It was designed for occasional relief of the caretaker; approx. 60 hrs per yr. I don't use this service as I don't have anyone that I trust to care for her. Any errands can be done while she attends dev preschool. That is also my relief time.(I do trust the school as they will call me if they need me.) As far as finding services; it's like pulling teeth. Every once in a while I am lucky enough to find a service that I didn't know existed. My daughter does rcv. SSI. I was told SSD could be counted as income but SSI could not.

I know this probably makes little or no sense but I feel like I am being insulted in the fact that once I am labeled as having potential income it is like me saying, "I can work, I just don't feel like it." There is a reason I am home; I had to forgo employment to care for my special needs child. I feel like I am her one on one daycare provider. There is one special needs daycare in our community. I spoke w/ the owner openly and honestly about my daughter and was told they could not take on the liability . They also could not provide 1 on 1 care, as referred by the physician. I can't afford a nanny nor would I want one at this time. My daughter "needs" me here right now. It's my job. It's a hard job, but it also has its perks. Shouldn't that be enough to deem me to be unemployable under special circumstances and therfor, not have income that I don't have counted against me? Is one circumstance better than the other.(potential income vs none)

Also, IF I am counted as having potential income, would ex have to pay my share of CS as a form of maintenance?

 

[no$$4us]

disabled child

Actually you may even be entitled to support longer because of the disability.
You should check into some of the service organizations such as goodwill industries in your state.
You may find that they know some of the governmental laws and procedures that commonly deal with funds and legality even past the age of majority.