What is child support used for?

[LdiJ]

What is the name of your state (only U.S. law)? MN, WY

new thread, new question:
What is child support to be used for? Is it for living expenses (portion of rent, food, etc) or is it for daycare and insurance?

My ex is stating that "What do you think I pay child support every month for? Child support is for the custodial parent (you) to pay for the needs of the child (day care and insurance). That is why I pay $XXX a month and that is what the money is to be used for."

Any clarification or statute quote would help. I've searched Title 20 in Wyoming statutes and cannot find any reference to the specificity of what child support is to be used for.

Thanks!

In most states, medical insurance and daycare are included in the child support calculation. Therefore if there was no medical insurance or child support included in your original order, then it would be reasonable to file for a modification to have those included now. In states where they are not included in the calculation, then you need to ask for orders for those separately.

Regular child support is for living expenses.

 

[Ohiogal]

I hope for my sake and the sake of my son that soon, VERY soon I too will have that kind of room. I just don't right now.

A boxing ring? Ewwww.. they smell like old gym socks.

Child support is normally considered when setting child support as is how much health insurance costs. But you listed two states MN and WY and if you think I am looking at both to answer your one question not gonna happen.

 

[Artemis_ofthe_Hunt]

A boxing ring? Ewwww.. they smell like old gym socks.

Child support is normally considered when setting child support as is how much health insurance costs. But you listed two states MN and WY and if you think I am looking at both to answer your one question not gonna happen.

LOL OG, I only list MN in this case because that's where I live. As far as I can figure, presumptive jurisdiction is in WY where the original order was entered. So, just WY if you please!

 

[Zigner]

If I ever collect what's owed me, I'm going to buy an airplane...or maybe a couple of brand-spanking new 'vettes

 

[Artemis_ofthe_Hunt]

In most states, medical insurance and daycare are included in the child support calculation. Therefore if there was no medical insurance or child support included in your original order, then it would be reasonable to file for a modification to have those included now. In states where they are not included in the calculation, then you need to ask for orders for those separately.

Regular child support is for living expenses.

Separate orders, as in filing a separate petition to add medical and daycare, or another para detailing those items?

 

[CourtClerk]

If I ever collect what's owed me, I'm going to buy an airplane...or maybe a couple of brand-spanking new 'vettes

Why a couple, Ziggy? You can only drive one at a time...

 

[TheGeekess]

Why a couple, Ziggy? You can only drive one at a time...

I'd have a hard top and a convertible.

 

[Ohiogal]

Separate orders, as in filing a separate petition to add medical and daycare, or another para detailing those items?

I believe she may be referring to separate paragraphs. You can use ONE petition to request modification of all items.

 

[Zigner]

Why a couple, Ziggy? You can only drive one at a time...

His/Hers

 

[Artemis_ofthe_Hunt]

I believe she may be referring to separate paragraphs. You can use ONE petition to request modification of all items.

yup--- thanks OG. Exactly what I was asking for.

 

[Artemis_ofthe_Hunt]

Just found out from my former neighbor that the reason ex hasn't paid child support is in the form of a 5th wheel camper sitting in the driveway. Jeez, and here I am sweating paying bills!

 

[Artemis_ofthe_Hunt]

Enforcing existing court orders

My ex is now two months behind in cs. The existing CO has an immediate wage withholding order that is not enforced at this time. Who has the authority to petition the court for activating that part of the court order? Wyoming statute states that an immediate wage withholding order be placed when the cs obligation is one month in arrears.

20-6-204. Entry of income withholding order.



(a) Upon entry or modification of any support order, the court shall also enter an income withholding order which shall take effect immediately, unless the parties agree otherwise, or unless one (1) of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding. When the parties agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court. The court shall include in the record its findings of good cause, including a statement explaining why implementation of immediate income withholding would not be in the best interests of the child and, in cases involving modification of child support, proof of timely payments.

I never agreed to this... no written statement was reviewed by me... I was never informed of the good cause in not implementing an immediate wage withholding order, and this isn't the first time he's been more than a month in arrears.... he started the whole kit and kaboodle 6 months in arrears. Retroactive cs order to the time of filing, which happened to be 6 months previous to the order being signed by the court.

(b) If a support order was entered by a Wyoming court before the effective date of this act and an income withholding order has not previously been entered, the court which entered the support order shall enter the income withholding order on its own motion at the time the support order is subsequently modified or at any other time upon application of the obligee, the obligor or the department. An income withholding order under this subsection shall be entered without a hearing if an arrearage occurs. An income withholding order under this subsection may also be entered by the district court of any other county in this state in which the obligor, obligee or payor resides, provided:

Would I petition the court myself to enter its own motion to enforce its own order?


(i) The petitioner files in the office of the clerk of that district court a certified copy of the support order and a sworn statement of the arrearages; and



(ii) No other court in this state has entered an income withholding order based upon the same support order.



(c) At the time an income withholding order is entered, the clerk shall mail a copy of the income withholding order and the support order to the last known address of the obligor and the obligee.



(d) If a support order was entered by a Wyoming court and an income withholding order has not previously been entered, the department may issue an administrative income withholding order, subject to the applicable requirements of W.S. 20-6-101 through 20-6-112.


What department? The Child Support Enforcement Agency? The Court?

The income withholding order was never put into place, I was told, because "we want to give the NCP the opportunity to do the right thing and pay voluntarily", further several weeks ago, when the arrearage occured, I was told "well he just paid one month, so we'll see if he makes good on another payment. If the arrears aren't taken care of, and he gets to be a month behind again, we'll do the wage withholding."
I haven't seen or heard anything... would I necessarily hear anything from the Court or from the CSA?

For the benefit, I've bolded my questions. Thanks again!

 

[LdiJ]

Contact your local child support enforcement agency, they can help you get the wheels turning to get wage withholding going.

 

[Artemis_ofthe_Hunt]

Contact your local child support enforcement agency, they can help you get the wheels turning to get wage withholding going.

This is where I get the run around... MN says that I can't contact the agency in WY, WY says I can't contact them either.... but MN says they can only request action of the WY agency. Neither want to expend the resources to enforce since "he pays on a semi-regular basis and there are situations out there with more dire situations that require those resources".... I don't mean to sound ungrateful or selfish, but really I care about my situation, not those others.

Can I petition the court since I am a party of the proceeding without going through the agency?

 

[LdiJ]

This is where I get the run around... MN says that I can't contact the agency in WY, WY says I can't contact them either.... but MN says they can only request action of the WY agency. Neither want to expend the resources to enforce since "he pays on a semi-regular basis and there are situations out there with more dire situations that require those resources".... I don't mean to sound ungrateful or selfish, but really I care about my situation, not those others.

Can I petition the court since I am a party of the proceeding without going through the agency?

Its really strange that they are not willing to execute the order for wage withholding, that is usually what they prefer to have done.

Yes, you can petition the court yourself. However you shouldn't have to if I understood you correctly. You said the orders already included a wage withholding order. Therefore it should just have to be executed. Do the agencies understand that?