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First time filing for CS for SS

overworkedmom's picture

the incubator has never paid a dime in CS. DH and I are raising this kid. She is taking us to court to have her visitation rights restored (she gave up everything 1.5 years ago). So, we counter sued her for CS.

She just got her section 8 apartment. She only works 2 days a week at a freaking pancake house. What are the chances the judge will make her pay anything? DH and I work our asses off, it just sucks...

Another blog on here about 50/50 split got me thinking about the whole "choosing not to work" thing. I wonder if that will stand in our instance.

Comments

stormabruin's picture

Our BM chooses not to work as well. Our judge calculated support based on his income & her "potential" income...minimum wage.

overworkedmom's picture

Well that is good news at least! Waitresses only make like 3.75/hr and since she only works like 12-15 hours a week I am going - holy crap! We will be lucky to get $5 a month.

misSTEP's picture

I'm sure most judges would also realize that the hourly wage of a waitress is so low because they exist mainly on tips.

ItsGrowingOld's picture

In the state I live, if the bill is paid with a debit or credit card, the government assumes the customer tipped 10% and the employer has to pay withholding taxes on the tip.

Kilgore SMom's picture

Do you have it in the co that BM gave up visitation rights? If you do. Then I would try my best to not let her have more that supervised visits. Be sure to have it wrote in the paper that BM has to pay for the visits also. From the start go through a facility that is related to the court. That way everything is documented. When she shows up or doesn't.

Not paying your child support is a form of neglect. I don't understand how these women get away with it. It should be a law no cs no visit.

TASHA1983's picture

No shit! If a "woman" doesnt pay CS it's "ok" and she just gets a slap on the wrist from the "system"...BUT if a MAN doesnt pay...HOLY HELL ALERT THE NATIONAL GUARD they are the equivalent of a fucking terrorist!!! Fucking disgusts me!

RedWingsFan's picture

Not in my case, Tasha. If I don't pay CS every two weeks as mandated in our court order, I fall into arrears and after 3 months, a bench warrant is issued for my arrest.

When my payroll deduction was being set up through the company I work for, corporate dicked around and caused me to go into arrears. I was unaware of this until I filed my taxes this past year with my DH. We were shown a $600 refund. Friend of the court intercepted it and gave it all to my ex to help pay down my $700 in arrears.

There are consequences for anyone (regardless of gender) for not paying CS regularly and on time. It's just dependent on the custodial parent to go for enforcement and/or the state your orders are in and how aggressively they enforce it. Michigan is definitely not a deadbeat state!

overworkedmom's picture

Yep. She gave up legal and physical custody. All she has now is supervised visitation at DJ's discretion. We want it to stay that way. However , since she wants to pop back in as life, she can pay CS.