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child support

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valk

Member
What is the name of your state? Ms.
I am writing this for my friend, he lives in Mississippi and his almost ex wife lives in Georgia. He has one 12 year old son.
He hasn't been working much and has some health difficulties now. He heard that Mississippi goes by income for child support, he has been paying her $300.00 a month child support on his own. Do you know what the child support would basically be if he made about $1800.00 a month?
Thank You
 


karma1

Senior Member
and more importantly....

are there any court orders regarding custody/support?
and this being an "almost ex wife"-I recommend going to
www.deltabravo.net
read all the articles, post on the message boards, look into TGB's links---
but, IMO, if there is any way for these parents to work things out themselves, do it.....
good luck to your friend...
 

valk

Member
The state he would file in would be Mississippi.
Thank you for the replies!
and there are no court orders. He has been paying on his own.
 
Last edited:

VeronicaGia

Senior Member
valk said:
The state he would file in would be Mississippi.
Thank you for the replies!
and there are no court orders. He has been paying on his own.

He's been paying on his own? Make absolutely sure he writes checks or money orders for those payments, writes clearly "child support for month of ___" on each, and keeps receipts. However, realize a court may still view this as a gift and make him pay back support for months he has already paid.
 
L

Lil Miss Smarty Panties

Guest
just a personal observation

I think the child support system in both states (MS & GA) are unfair and CP biased.

good luck to your friend
 

valk

Member
wow, i can't believe that they would make him pay what he has already paid!
Being a good father and paying on his own.
What is wrong with this system?
CAn he get a child support order on his own, not being divorced yet? just seperated for 4 years? Or is that stupid?
Got any advise as to what he should do?
 

VeronicaGia

Senior Member
Yes, judges have been known to make someone pay, even though there is proof that they have already paid.

He should file for divorce, joint custody and temporary support, and pay the support through the child support enforcement agency. He needs an attorney.
 
M

marc_a_g

Guest
I am in MS too and currently paying child support.....guidelines are 14% of annual gross income for one child. 20% for two children, etc. They do not calculate by monthly..it is annually and then broken down into monthly payments. So roughly he would be ordered to pay $252 a month. So it is likely that the mother would receive less than what she is getting now. But also, the judges here do there own thang so his lawyer would have to stick to his guns about it, but there might be other factors.
 

valk

Member
does anyone know what would happen if someone loses their job or hasn't worked due to medical reasons? When you go to file for child support do they make you pay anyhow? How would that work? How can they figure 14% of nothing?
Has anyone been through that out there?
 
M

marc_a_g

Guest
I was told that they use your gross annual income as of that date to calculate how much you would make and then still take the 14%. he would have to find a job or would fall behind. Now they can just do a set amount even if he is not working. They would say, this is how much he could make and do it that way. He can get temporary relief if it is medical as to why he is not working but they will not say he does not have to pay at all. If she goes to court, whether he is working or not, he will be ordered to pay something. I am paying 205 a month for two kids...and not complaining, anything for my kids.....and have heard of some men being ordered to pay only 30 dollars a week or soemthing like that....it really depends on the judge. But like I said, he would still be ordered to pay something.
 

nextwife

Senior Member
"...he would have to find a job or would fall behind....... they will not say he does not have to pay at all".

Valk, I've wondered that too, based on my father's disability when I was young. What would the courts have done with him when he became ill?

He had brain tumor surgery that, despite what his doctor had reassured him, caused him to lose expressive language capability (aphasia) and caused partial left side paralysis (he was left handed, so he therefore could not even write as a result of the surgery, this was before PCs). Had he been a NCP under a CS order, he would not have even had the communication skills at that point to request that an attorney obtain a modification on his behalf. So he'd be told simply to get a job and pay anyway? And would not have been allowed to retroactively modify for the six months he was on the hospital rehab floor re-learning speech (his doc had said he'd be back to work a week after surgery, so he was unaware that this result might occur) because "it's his fault he didn't ask for the modification"? I'm just asking because these real situations do occur, and does the system recognize this? What happens when an incapacity affects your ability to communicate anything, thus you cannot even notify the court of the incapacity until you are recovered enough?
 

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