• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

CS Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

RRevak

Senior Member
What is the name of your state (only U.S. law)? FL

I recently filed for Child Support through the state and I have a few questions as to what I should expect the outcome to be from my situation. Here's a brief synapsis:

I filed for CS about 3 weeks ago. One week after I filed, my daughters father lost his job. During the last year aside from his full time employment, he's also been a DJ at various clubs throughout the state to which he's paid in cash for at the end of each night. I spoke to him yesterday and he informed me that he's not going to return to a real place of employment but rather is going to maintain his income from just doing the DJ jobs. From what i've come to understand, if a persons income is "under the table" so to speak, its not considered a varifiable income from the states perspective and therefor cannot be used when calculating a child support amount. How is this going to affect how support will be calculated for my daughter if he doesnt have what the state would consider an "income"? I'm also not currently employed as i'm a student full time, and my husband is the one who pays for the household expenses. Will my husbands income be considered when it comes time for my end to be calculated? I'm perfectly alright with that if it is as in fairness it is his income that supports her, not mine.

Also, where her health insurance is concerned: Her father has always been the one to maintain her health insurance but has been extremely unreliable. He's constantly being terminated which leaves her with periods of no coverage. She is currently covered by his policy but only until the end of this month. That will mark the second time in two years he's lost coverage for her. She's 5 and since birth has had 3 different policies. This one will mark a 4th. Now my husband and i wish to take over this responsibility. Is the state going to allow that or are they going to make her father be the one to insure her? I honestly dont want him to be the one responsible for her health insurance as perpetually changing policies etc is becoming increasingly frustrating.

Can anyone let me know how this may turn out? Thanks everyone and Happy Holidays!
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? FL

I recently filed for Child Support through the state and I have a few questions as to what I should expect the outcome to be from my situation. Here's a brief synapsis:

I filed for CS about 3 weeks ago. One week after I filed, my daughters father lost his job. During the last year aside from his full time employment, he's also been a DJ at various clubs throughout the state to which he's paid in cash for at the end of each night. I spoke to him yesterday and he informed me that he's not going to return to a real place of employment but rather is going to maintain his income from just doing the DJ jobs. From what i've come to understand, if a persons income is "under the table" so to speak, its not considered a varifiable income from the states perspective and therefor cannot be used when calculating a child support amount. How is this going to affect how support will be calculated for my daughter if he doesnt have what the state would consider an "income"? I'm also not currently employed as i'm a student full time, and my husband is the one who pays for the household expenses. Will my husbands income be considered when it comes time for my end to be calculated? I'm perfectly alright with that if it is as in fairness it is his income that supports her, not mine.

Also, where her health insurance is concerned: Her father has always been the one to maintain her health insurance but has been extremely unreliable. He's constantly being terminated which leaves her with periods of no coverage. She is currently covered by his policy but only until the end of this month. That will mark the second time in two years he's lost coverage for her. She's 5 and since birth has had 3 different policies. This one will mark a 4th. Now my husband and i wish to take over this responsibility. Is the state going to allow that or are they going to make her father be the one to insure her? I honestly dont want him to be the one responsible for her health insurance as perpetually changing policies etc is becoming increasingly frustrating.

Can anyone let me know how this may turn out? Thanks everyone and Happy Holidays!

Both of you will be imputed incomes at whatever income you each are capable of earning.

Yes, the state will allow you to provide the ins coverage. They will add a prtion of the premium to your ex's basic CS obligation. But be sure to speak to your caseworker about it because they automatically assume that the NCP has coverahe available.
 

jenandrhi

Junior Member
What is the name of your state (only U.S. law)? FL

I recently filed for Child Support through the state and I have a few questions as to what I should expect the outcome to be from my situation. Here's a brief synapsis:

I filed for CS about 3 weeks ago. One week after I filed, my daughters father lost his job. During the last year aside from his full time employment, he's also been a DJ at various clubs throughout the state to which he's paid in cash for at the end of each night. I spoke to him yesterday and he informed me that he's not going to return to a real place of employment but rather is going to maintain his income from just doing the DJ jobs. From what i've come to understand, if a persons income is "under the table" so to speak, its not considered a varifiable income from the states perspective and therefor cannot be used when calculating a child support amount. How is this going to affect how support will be calculated for my daughter if he doesnt have what the state would consider an "income"? I'm also not currently employed as i'm a student full time, and my husband is the one who pays for the household expenses. Will my husbands income be considered when it comes time for my end to be calculated? I'm perfectly alright with that if it is as in fairness it is his income that supports her, not mine.

Also, where her health insurance is concerned: Her father has always been the one to maintain her health insurance but has been extremely unreliable. He's constantly being terminated which leaves her with periods of no coverage. She is currently covered by his policy but only until the end of this month. That will mark the second time in two years he's lost coverage for her. She's 5 and since birth has had 3 different policies. This one will mark a 4th. Now my husband and i wish to take over this responsibility. Is the state going to allow that or are they going to make her father be the one to insure her? I honestly dont want him to be the one responsible for her health insurance as perpetually changing policies etc is becoming increasingly frustrating.

Can anyone let me know how this may turn out? Thanks everyone and Happy Holidays!

Florida has calculations for child support that are used. Now income imputation is a different story. Generally cs does not impute income to someone unless they can prove that the party is not working to spite a child support order. Sometimes they do. CSEA is overworked and understaffed and as such you get what you get. If this was a private lawyer doing this for you, you would stand a much better chance of getting this. Just know your laws regarding child support and when you speak to the caseworker state the law (nicely). I had a little success with them when I did that depending on whom I was talking. State statutes are at: Statutes & Constitution :View Statutes : Online Sunshine

Even though this might not be a divorce procedure, the same laws still apply. Anything that reduces his cost of living (such as uniforms from work - no clothing expense, a company provided and paid for vehicle - lowered vehicle cost, and many other things) can also be added to his income.
 

RRevak

Senior Member
Jenan

I couldnt understand exactly what i was looking at when i pulled up the website you gave me as there were multiple options, but i did find this:

SupportGuidelines.com | Determining "Earning Capacity" in Imputed Income Cases

Is this what you guys are meaning when you use the term "income imputation"? He has what he considers "employment" as he makes a very decent living for himself doing the club thing. So in his opinion he isnt skipping legitimate employment, this IS his legit employment. The only issue is the fact that the income he does recieve from this is in the form of cash payments, untaxed etc. So the state has no ability to know exactly how much he makes per week/month. He isnt doing this on purpose, its just the nature of the beast. It does anger me though because of the health insurance situation. He lost coverage for our daughter via termination of previous employment and is now going to choose employment where he knows there is no ability to regain it. Unless nightclubs are now enacting health insurance policies for their resident DJ's. Its insult to injury i suppose. Health insurance was the only legitimate support he has been providing for our daughter for the past 2 1/2 yrs. Although i couldnt say he was doing anything else, at least i could say he was at least caring for her health.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top