Child support

Joy Joy · 09-10-2006, 12:54 PM

As some of you know I am going through a break up with my BF and he is the father of my child. We made a written and verbal agreement a few days ago. Here's the story. First, he has a very good government job, i work as a freelance makeup artist, we both lived in a house under his name. He moved out and I have to move out next month so we/he can sell it. He is giving me everything in the house besides the computer, and he is giving me 3000 to find somewhere new to live. I asked him for c/s of 600 a month he said he can do 400 a month. He makes about 65000/year. My question is should I still take him to court? Because I think if I do the judge may make him pay more...and im very sure he will be pissed about that and think I was trying to get back at him. I think if I do take him I should wait until I move out, because he might take back his offer to give me the money and the furniture which i need.

aaamom · 09-10-2006, 01:00 PM

It always gets ugly when court/attorneys, etc are involved.

try mediation first. How about an agreement of $500/month?? See if you can survive on that. If not, then a judge will have to interevene, and that costs money!!! Good Luck

ralheit · 09-10-2006, 01:03 PM

Wow, I know costs have gone up, but 25 years ago I got $20/wk child support.

PattiCakes · 09-10-2006, 01:10 PM

I might be way off here, but it seems he is being more than fair about dividing assets etc....maybe you shouldn't push it. I was married for 17 years and have two children, my ex made about what yours does and he pays $700 a month and that is for 2 kids and alimony. We divorced 4 years ago, so it has not been too long. The judge ordered $300 per child and $100 for alimony. However, the judge did something that I had never seen and that was a debit/credit ratio (obviously incoming to outgoing). My ex had a high debt ratio (he drives race cars) so that could be why he picked that amount. Anyway, I hope the ramble helped and good luck!

**Alexandra** · 09-10-2006, 01:14 PM

You're facing a difficult situation, but IMO you should do whatever you can to avoid the court system. First you should try to work out whatever you can together, and if everything is settled have the final agreement drafted by an attorney for you both to sign. If you have trouble agreeing on some points, find an arbitrator rather than sue.

Hard as this transition is, you really don't want to take it to court if you can help it. But I do recommend that you get legal assistance in drafting the agreement, particularly since there is a child involved. Have you agreed on custody? Visitation? Guardianship? Medical expenses? There's a lot more involved than just child support payments. Good luck!!

Carlene · 09-10-2006, 01:19 PM

In Texas you get a fixed percentage. I think it's 16% of the non-custodial's net for one child. I have never been divorced, but my youngest son has a child born out-of-wedlock and that's what he pays, plus he has to carry health/dental insurance on him.

I think $600 per month sounds about right - maybe a tad low. Sometimes when they give you a generous up-front settlement the custodial parent agrees to less CS for a specific time - say, $400 per month for 3 years, then it goes to $600 or $650.

Also, in Texas, I think you would be entitled to part of the proceeds of the sale of the house. I don't know about your state, however. Have you consulted an attorney?

PattiCakes · 09-10-2006, 01:21 PM

Very good point Alexandra! I did not have the courts figure in anything about college, THAT was a BAD idea! There are also school events, functions, fees, uniforms, etc. (that money adds up so fast!) that you should get in a legally approved agreement. It is so hard to think out of the box to the future, but so beneficial! My child support was made to go until my children turned 22 and that has been so helpful with college, I don't know what I would have done with no child support after 18 and both in college! UUGHH Oh, another thing....I did not have anything in about orthodontics, I have now paid $7,000.00 for two kids to get braces!
Okay, I am done rambling! lol

DonnaB · 09-10-2006, 02:14 PM

Definitely get a lawyer and get an agreement in writing. Your verbal agreement won't mean anything if he disappears and leaves you to foot ALL the bills. This is his child too. Another thing you should think about is insurance. Your child may not be covered by his insurance unless you have a legally binding agreement.

Get a lawyer. This is not the time to live and let live OR to trust in someone's best intentions.

**Elisabethsew** · 09-10-2006, 05:06 PM

Make it legal. You don't have to go through the court but you should each get a lawyer. In New York, child support costs 17% of the salary for one child.

missy4gordon · 09-11-2006, 09:27 AM

You don't even necessarily have to get a lawyer. In my job, I handle the child support cases, ie: enforcement of child support. My state has a program of Regional Child Support offices scattered throughout the state. It is free to sign up and they take care of the paperwork, they have attorneys on staff. You should check into what your state has.

Teresita · 09-11-2006, 09:46 AM

How old is your child? 400 does not cover quality daycare if it is a toddler. Being a freelance makeup artisit, is that steady work? Do you have a nice savings account? Take what he is offering to get you situated and then look into child suport and has MsG said, you don't need a lawyer. The support will be based on what he makes. The furniture and 3,000 will be looked at as a gift.

HarleyNana · 09-11-2006, 11:33 AM

The state should have a website that if you punch in the numbers it will calculate and give you the $$ you should expect.

Good luck, which ever route you take, it's not gonna be pleasant, cause no body likes someone else's hands in their wallet.

CCBSTX · 09-11-2006, 12:29 PM

Here's a calculator. I believe it just gives you an estimate, of course.

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

Shawn

Mita · 09-11-2006, 03:34 PM

I get $650.00 a month dropped down from $750.00 and that is for 2 children. I went to our state website and calculated it as well as my attorney doing it himself.
Child care is a factor and who carries the insurance also comes into play.
Good Luck

barbara465 · 09-11-2006, 04:16 PM

Since you were not married you don't have to get a "divorce". However, Texas is a community property state and does recognize common law marriages. If the state believes it is a marriage, you have to get a divorce. There is also tax deduction for income tax purpose and you should get it upfront that you will be claiming the deduction.

Although my first thought was he is being cooperative go with it, my second is, consult a lawyer to be safe. You don't want problems later that's for sure.