Child Support

[gejewels]

What is the name of your state? Illinois
My husband's ex wife is constantly taking him back to court. After filing petitions and modifications, she withdraws at the last minute costing us a fortune in legal fees. My question is because my husband's income varies constantly (construction) would the court consider taking 32% of his weekly check each week? This would solve any question of further court dates on ridiculous matters as well as any potential shortages on weeks he may only work 2 days.

 

[stealth2]

The court is unlikely to go for that sort of arrangement. CS is a yearly sum, not a weekly one - it's just averaged out over 12 months (or 26 or 52 weeks).

 

[gejewels]

Even if she is wasting the courts time taking him back every 6-12 months over a $400 arrearage amount? He pays on the arrearage amount and by the time the hearing date comes, he owes less than $100. It's costing us thousands every time in attorneys fees. He's not shrugging off his duties as father. We just want to quit with the court stuff all the time.

 

[critterperson]

Even if she is wasting the courts time taking him back every 6-12 months over a $400 arrearage amount? He pays on the arrearage amount and by the time the hearing date comes, he owes less than $100. It's costing us thousands every time in attorneys fees. He's not shrugging off his duties as father. We just want to quit with the court stuff all the time.

I would say that your are pretty lucky that she is dropping the case as apposed to waiting until you owe more, and having your husband pay for her court costs as well...I am from Illinois, and when I took my ex to court for arrearages he ended up having to pay for my attorney as well as his own....Maybe you need to set up a savings, and every week put money in there for a rainy day or 2 day work week**************..The ex is within her rights to bring you to court every time he becomes delinquent on child support....Sorry I couldn't be more help.....

 

[stealth2]

Even if she is wasting the courts time taking him back every 6-12 months over a $400 arrearage amount? He pays on the arrearage amount and by the time the hearing date comes, he owes less than $100. It's costing us thousands every time in attorneys fees. He's not shrugging off his duties as father. We just want to quit with the court stuff all the time.

And why is he consistently going into arrears? If he can afford thousands in legal fees to fight her - he should be able to pay it off and/or keep up. Sorry, but she also needs to provide the care to the kids. So maybe he needs to make a greater effort in keeping up.

 

[LdiJ]

And why is he consistently going into arrears? If he can afford thousands in legal fees to fight her - he should be able to pay it off and/or keep up. Sorry, but she also needs to provide the care to the kids. So maybe he needs to make a greater effort in keeping up.

I have to agree with that one. It would be a whole lot cheaper just to make sure that child support is paid on time, every time.

If its being withheld from his check and that is why there are arrearages (because the check isn't big enough for the full amount to pay taken) then he needs to send in the difference himself.

 

[gejewels]

I apologize, I guess I should have told the whole story. She is also in contempt of court currently for not upholding the joint parenting agreement and for medical bills my husband has paid. This is why the petition for contempt on my husband was dropped.

 

[LdiJ]

I apologize, I guess I should have told the whole story. She is also in contempt of court currently for not upholding the joint parenting agreement and for medical bills my husband has paid. This is why the petition for contempt on my husband was dropped.

Nevertheless, she can't take him to court for contempt if he is paying his CS in full, on time. So why not just do the smart thing and make sure that happens? That way you don't rack up any more legal fees over CS issues.

 

[Zephyr]

if you are spending thousands on legal fees- why not pay 3 months ahead? then when he does have a slow month, he does not fall behind?

 

[gejewels]

I am completely aware of her right to take him back to court even if he's $25 in arrears. My question was would the courts consider basing her child support on 32% weekly. Now that she has dropped this petition, there is another coming for a modification, just like last year. It's not just about the arrearages, it the continuous modifications also. I understand the children are entitled to it and that is not the problem. If the judge bases it on 32% weekly, the constant modifications would not be necessary. My husband has received an answer since his attorney consulted with her's today.
Thanks for everyone's help.

 

[gejewels]

To address Zephyr, our attorney has advised that any additional or advance payments could be construed as a gift. Trust me, she has gotten approximately $12K in the last 5 years that can be considered a gift. We paid her in excess of the weekly CS because she knew he had gotten a raise and was making more money. We thought this might keep us out of court and it did for a while. Our attorney said we had no "defense" because the judge may look at this as a gift. If only we knew then what we know now.

 

[Zephyr]

the reason why almost all of the states have gotten away from basing cs soley on a percentage is because 32% of zero is zero- so while cs is roughly based on a percantage there is almost always a dollar amount named as well.

 

[stealth2]

Yeah, but this isn't rocket science. Dad puts some extra away so that in lean times, he still has enough to meet his obligation. I'm sorry, but I still do not understand why he's unable to pay what he's ordered to pay, but can manage to pay "thousands" in legal fees.

And I'll say it again - the court is not likely to vary CS based on his weekly paycheck. If nothing else, it would be a logistical nightmare to keep up with and make sure that he's paying what's required. CS is calculated as a yearly sum based on a yearly income - using past history (tax returns) as a basis. It's then broken down into monthly, bi-weekly or weekly payments that are all equivalent. So CSE knows what what is due in, CP knows what to budget around, employer knows what needs to be garnished, NCP knows how to plan his/her finances.