Child Support Obligation

[AnnaSC]

What is the name of your state? - South Carolina

My husband was taken to court in September by his ex-wife for child support and medical expenses for his daughter. There was question on the paturnity, so we had a DNA test done and we just got the results back confirming that she was his daughter. Now we are going to have to go back to court to set the support payments. My husband works a commission job bringing home maybe $1800 a month, but his ex-wife who has four other children from different fathers who provide for their support, does not work, nor does her current husband. She is ex-military and the military on top of her monthly stipend are paying for her to go to school; what we need to understand is how will her not working effect the child support payments that we need to make....if she and her husband are choosing not to work and therefore provide no income for the household, will that mean that our support payments will be maxed out and do we have any grounds to argue lower payments if we need to? Essentially will we be penalized for their choosing not to work?

 

[xKellyx]

What is the name of your state? - South Carolina

My husband was taken to court in September by his ex-wife for child support and medical expenses for his daughter. There was question on the paturnity, so we had a DNA test done and we just got the results back confirming that she was his daughter. Now we are going to have to go back to court to set the support payments. My husband works a commission job bringing home maybe $1800 a month, but his ex-wife who has four other children from different fathers who provide for their support, does not work, nor does her current husband. She is ex-military and the military on top of her monthly stipend are paying for her to go to school; what we need to understand is how will her not working effect the child support payments that we need to make....if she and her husband are choosing not to work and therefore provide no income for the household, will that mean that our support payments will be maxed out and do we have any grounds to argue lower payments if we need to? Essentially will we be penalized for their choosing not to work?

I think the court will most likely take whatever she was making before she quit. It doesn't matter that she is in college to better herself, she has the responsibility of support that child.

It might also be possible that they will take into consideration what she is being paid by the government to go to school. Is she a disabled vetran? If so the she recieves money every month for every kid she has. She could be getting all sorts of benifits, what about her husband? Is he a disabled vetran or getting paid to go to school as well?

 

[nextwife]

South Carolina DOES use the income of the CP in their calculations.

http://www.alllaw.com/calculators/Childsupport/south_carolina/
Your husband should request that an income be imputed to her based upon what she is capable of earning, as she is voluntarilly unemployed. That figure would then be plugged into the calculations, whether she chooses to work, or not.

 

[AnnaSC]

It might also be possible that they will take into consideration what she is being paid by the government to go to school. Is she a disabled vetran? If so the she recieves money every month for every kid she has. She could be getting all sorts of benifits, what about her husband? Is he a disabled vetran or getting paid to go to school as well?

She is a disabled veteran...her husband is not a veteran and is not going to school, he just doesn't work. We do not have any problems with paying the child support, but we just don't want to be put in a financial bind because she is not working and is not bringing income in for the household. My husband had been paying child support and tuition for his daughter and another of her kids to be in private school, but then she got remarried and left town and he has not seen or been able to find his daughter for four years. We do not mind to pay the child support, he just wants to be able to see his daughter without losing the majority of his wages because she chooses not to work.

 

[xKellyx]

She is a disabled veteran...her husband is not a veteran and is not going to school, he just doesn't work. We do not have any problems with paying the child support, but we just don't want to be put in a financial bind because she is not working and is not bringing income in for the household. My husband had been paying child support and tuition for his daughter and another of her kids to be in private school, but then she got remarried and left town and he has not seen or been able to find his daughter for four years. We do not mind to pay the child support, he just wants to be able to see his daughter without losing the majority of his wages because she chooses not to work.

Ask that they go on what she is capable of making. She does have an income and most likely gets paid for every child she has custody of through the VA. The income from what she gets from the VA, including them paying for her to go to school, might be more than she was capable of making her own. I don't know which they would try and take into consideration. Something you definetly should research, the VA will cover all of her tuition, and books and probably buy her a new computer as well. The VA might also cover all of her kids colleges for up to 4 years.