now working or wanting to pay

[waitinMd]

What is the name of your state? Md


The last hearing, child support was not addressed. I asked my atty and he said 'you won't get anything anyway'.

My ex works typically 3 weeks and then either quits or gets fired. Her probation states that she will hold a full time job, which she has not done yet. I have the court transcripts from all her hearings, and she makes a big deal about working to make a good impression on the judge, but right after court, she quits or gets fired.

I thought child support was based on what you are 'capable' of making? I have been given two different answers, one person at DHR said they don't have to pay, the other person at DHR said the state doesn't care where they get the money from.

is there a difference between filing for child support with the Department of Human Resources for 25.00 (social services), or do I file a motion?

 

[waitinMd]

I found this:

Voluntarily impoverished parent.-(1) Except as provided in paragraph (2) of this subsection if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.

paragraph 2
(2) A determination of potential income may not be made for a parent who:

(i) is unable to work because of a physical or mental disability; or

(ii) is caring for a child un der the age of 2 years for whom the parents are jointly and severally responsible.

 

[special mom]

In MD we are an income share state. They base income on the person's earning potential if they are "voluntarily impoverished". It’s a lot less expensive to file through CSEA and then the attorney for CSEA appears at the hearing. Although they do not represent you, they do try to get the best results for the child, and you still have the opportunity to question the other party during the hearing.

As for actually receiving support, if there is no order you certainly won’t. At least if you have an order in place there is an obligation owed.

I personally filed through CSEA. Then when NCP refused to hold a job and filed for downward modification, I learned that actually receiving support depends on whether the NCP is willing to sit in jail for non-support and contempt. Fortunately for us he wasn’t and has been paying somewhat regularly.

It’s a long road from filing to collection so my advice is to file sooner than later.

Good Luck!

SM

 

[waitinMd]

Thank you, I intend on filing as soon as they fix the final order. (they spelled my daughters name wrong).

 

[special mom]

Hope it works out well for you and your daughter. Be sure to let us know...

 

[sweetcinaminn]

I would say use the CSEA or OCSE as it is called here. I use them for my child support collection and when you go to court their attorney pretty much handles everything. We went to court on March 12 and I finally received a payment this week, so they are doing a good job so far in handling my case. You can go online and get the forms and fill them out and then take them into the office, pay the $25 and let them handle your case. It may take a little longer, but it definitely won't cost you much to use their services.

 

[waitinMd]

should I still file?

ex is in jail. Should I still file?