Question: Support

[Bruno6301]

What is the name of your state? Jersey

(Wishing my friend would get his own computer!) Ok, here is the question:

Friend is a NCP. Paying 1200.00 a month. Ex says now she wants 600.00 each 2 weeks. 3 months out of this year he has a 3 payday month. That means she would get 1800.00 in one month. BUT she says she "cannot get more than the 1200 because it would mess up her food stamps"??? Anyway, there is NO court order in effect. They did it by themselves. He has been paying for 2 years with no court order...1200.00 a month. Can she nail him in court if he only pays the 1200.00 on a 3 payday month? She wants the 1800.00, but it's only supposed to be 1200... Ugh.. (Yeah, I told him to get a damn court order, but can she get in for arrears if he just pays the 1200?

Thanks.

 

[shuga24]

does he have receipts for the payments

does he know the child support statuesin his state. does he know the amount he may be required to pay

 

[Ambr]

Hopefully he has been smart enough NOT to pay her in cash and he has some form of receipt to show he has paid her $1200 a month.

In most cases - when the CP is receiving child support and assistance from the state - the child support is considered to be income for the CP and the amount they receive does affect the amount of their assistance. I would think $1200 a month will definitely knock her out of the "need for assistance" bracket.

Without a court order in place - she can file a motion for child support and get one established. The amount would follow the standard formula for NJ. Normally, it is XX amount by the XX day of the month. They don't normally break it down to XX each week or every two weeks unless there is a problem with the NCP not paying his support.

If he has paid in cash - and doesn't have any way to prove what he has been paying her all along - she could go after arrears. It would be interesting to see if she was reporting the child support that she was receiving all those times she has filed for assistance from the state.

 

[Bruno6301]

From what I understand, he has paid by personal check for years, and at the bottom of the checks, he has written, Child Support, month of ...........

I guess he was smart there. LOL Anyway, here is the story. She got custody (mutual agreement) in 01, and the support was agreed between the 2 of them. Well, she has changed it around herself, and he has always agreed to whatever changes were asked of him..

She got remarried, and when her hubby left her, she went on state assistance. (she has a kid by other ex as well)..she said to Keane, my friend, "I can only get 1200.00 a month, not a penny more cause of food stamps"...so he has been paying her 1200.00 a month. Now all of a sudden, she realized he has 3 paydays this month, as well as 2 next month as normal, and she is wanting an extra 600.00 this month. I told him that he is batty as hell if he gives her the extra $$. She won't claim it.

So anyway, there is NO court order in effect. It was decided amoungst themselves. I figure the worst she can do is take him to court and seek an order, but I don't think she will do that. But who knows?

Thanks in advance for any advice...

 

[Ambr]

It might be worth it to your friend to use one of the support calculators that they have on line and see what his support obligation might be.

$1200 is alot of support to pay for one month - he has got to have a killer job.

 

[Ambr]

Have your friend go here and punch in the amounts.

http://www.alllaw.com/calculators/Childsupport/new_jersey/


I don't have any details, but I put an income of $7000 a month for him and $0 for her (since $1200 was her highest income allowed and that was what she wanted from him - assume she is not working), since they did it themselves, I assumed no insurance cost, daycare costs (after all, she isn't working), etc...

But he would have to be making over $7000 a month to require him to make a $1200 payment.

 

[tammy8]

Tell him to pay ex on the 1st and 15th of each month.

 

[annefan]

And tell him to contact the county assistance office. Something tells me she should be paying the taxpayers back for this food stamp subsidy she is receiving. Also, your friend needs to get a COURT ORDER for child support in order to protect his own interests.