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-   -   child support if i can't afford it (http://www.worldlawdirect.com/forum/child-custody-support/62916-child-support-if-i-cant-afford.html)

bjl10562 Jun 7th, 2012 02:57 PM

child support if i can't afford it
 
I have been divorced for 4 years. My children have informed me that they want to live with their father. I have agreed to this. We have agreed to give him the child support he was paying which is $1200 a month. He also wants me to give him $300 a month. He makes $60,000 a year and I make $15,000 a year. Does he have the right to demand child support from me. I will be barely making it on what I make. The youngest is 14 and the oldest is 18 turning 19 in October. The oldest will be going to college in August. Does child support extends until he is out of college? Nebraska

AFFA Jun 7th, 2012 03:09 PM

Re: child support if i can't afford it
 
I wish to inform you that the child who is 18 is considered as an adult and child support may thus not be payable. Further in case of minor court will take into consideration best interest of child as main consideration and income of both the spouses while determining amount of child support.

AFF

sunlover Jun 7th, 2012 03:33 PM

Re: child support if i can't afford it
 
He has an absolute right to request you aid in supporting your children! However without a court order you are not required to do so. Keep in mind if he does take it to court he may win a higher amount in support from you

goddessoflubboc Jun 7th, 2012 06:47 PM

Re: child support if i can't afford it
 
Child support ends in Nevraska at age 19, so that child may not be put on the order.

Why would you think you have no financial obligation to your children? Now that they aren't in your house you could pick up a second job.

sandyclaus Jun 7th, 2012 06:47 PM

Re: child support if i can't afford it
 
Quote:

Originally Posted by bjl10562 (Post 261543)
I have been divorced for 4 years. My children have informed me that they want to live with their father. I have agreed to this. We have agreed to give him the child support he was paying which is $1200 a month. He also wants me to give him $300 a month. He makes $60,000 a year and I make $15,000 a year. Does he have the right to demand child support from me. I will be barely making it on what I make. The youngest is 14 and the oldest is 18 turning 19 in October. The oldest will be going to college in August. Does child support extends until he is out of college? Nebraska

The father has every right to ask for child support from you. BOTH of you are legally obligated to support your children.

However, if he wants the support, then he ALSO needs to take you to court to order it. In doing so, the court will look at both your incomes and decide the appropriate amount, if any, that you will be required to pay. Unless and until that court orders you to pay child support, you aren't required to do it - YET.

Keep in mind that the court may impute your income at a certain amount based on your ability to earn, not just what you are currently earning. While right now, you only make $15k a year, it's entirely possible that you have the ability to earn more than that. If the court DOES order you to pay an amount that you feel you cannot pay with your current income, it will be time for you to get a new job that pays better - or a 2nd job that will earn you more money (and since the children will be living with Dad, you should have plenty of time and availability to do that).

Regarding child support extending into college, yes, it is possible that the court could order child support payments beyond the age of majority and well into college. That usually applies when the child wouldn't be afford to live on their own and still relies on the parents for financial support while attending school. However, if the child can afford to pay for their own place to live, they probably have no need for child support.

Friend In Court Jun 8th, 2012 12:48 PM

Re: child support if i can't afford it
 
Quote:

Originally Posted by bjl10562 (Post 261543)
I have been divorced for 4 years. My children have informed me that they want to live with their father. I have agreed to this. We have agreed to give him the child support he was paying which is $1200 a month. He also wants me to give him $300 a month. He makes $60,000 a year and I make $15,000 a year. Does he have the right to demand child support from me. I will be barely making it on what I make. The youngest is 14 and the oldest is 18 turning 19 in October. The oldest will be going to college in August. Does child support extends until he is out of college? Nebraska


Should he is taking you to court, the court will apply Nebraska state support schedules. Since what you are making puts you below poverty level, the amount is not likely to be much.

As to the child who is 18, support ends at 18 or when they finish high school -- unless the court orders otherwise.

Both parents are responsible for support of their children. When there is a great disparity in incomes, the one with the lesser income will usually be ordered to contribute a far lesser amount.

bjl10562 Jun 8th, 2012 09:32 PM

Re: child support if i can't afford it
 
Thank you for the information. This was the only post that did not ridicule me. It's not that I was not willing to pay, it was I just didn't want to be taken to the cleaners. I will do what I have to do, but be careful before you judge someone when you don't know all the circumstances.

goddessoflubboc Jun 9th, 2012 01:02 AM

Re: child support if i can't afford it
 
No one here has ridiculed you. If the shoe were on the other foot you'd be complaining that he isn't helping you. It is both parties' responsibility to help financially to their ability. Just because you earn minimum wage (assuming you work full time) doesn't exempt you.

Friend In Court Jun 9th, 2012 08:27 AM

Re: child support if i can't afford it
 
Quote:

Originally Posted by bjl10562 (Post 261684)
Thank you for the information. This was the only post that did not ridicule me. It's not that I was not willing to pay, it was I just didn't want to be taken to the cleaners. I will do what I have to do, but be careful before you judge someone when you don't know all the circumstances.

This forum is open to everyone. Among those who respond are: some who have no knowledge of the law; some who have never spent hours in family law courts and observed judicial rulings; and some who use this forum to venture (and sometimes vent), their personal opinions and prejudices.

When support is calculated, the needs of the children are listed. The court examines these for reasonableness and uses the state's support schedules and apportions support according to the parent's earning ability. If one is making $5K per month and the other parent, $1K - it is easy to calculate the proportion of support each will be ordered to pay.

Support orders are not rubber stamped by support schedules alone. The earnings you state put you at or below poverty level for a single person while the father's earnings are comfortable.

Download the support schedules and do some calculating on your own. In all likelihood, the amount of support ordered will be minimal.


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