How Is CS calculated if custodial parent is in school?
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SS is going to see his Mom in Montana. He has talked about staying there for awhile. We've never had to pay CS so I was wondering how it's calculated? BM goes to school full time and bartends on the weekends. So, she doesn't have much of an income on paper because she works off the books. Do they take that into account? Also, do they take into account that it's her choice to go to school and not have a full time job? I don't want to be responsible for supporting her because she wants to go to school. Any input will be helpful because we've never dealt with CS before. We never took her for CS for the 8 years he lived here. Does that come into play?
3 more years!
3 more years!
In our case, BM just is
In our case, BM just is choosing not to work. The state max that the judge could make her pay was $64. The judge was disgusted by her and forced her to pay the max that he could make her pay by law...
Well, being that we would be
Well, being that we would be paying her, I don't want her taking DH;s entire check because she doesn't work.
Ahh... yeah. They might take
Ahh... yeah. They might take a big chunk. Sorry to be the bearer of bad news
Do they factor in that we
Do they factor in that we have 2 children that he supports as well?
She lives in Montana, so I
She lives in Montana, so I imagine it would go by their guidelines? This is very confusing. Damn CS!
What state holds jurisdiction
What state holds jurisdiction over support? These are state specific questions.
For no income or part time
For no income or part time income the courts will usually impute an income of full time work at minimum wage or full time work commensurate with the qualifications of that parent.
In our case the SpermIdiot attempted to avoid CS by being voluntarily intermittently employed. He was imputed the full time income of a licensed plumber since he is in fact a licensed plumber. The CSE office and DA relied on my wife to provide information on DickHead's income which she did by providing a copy of his state plumbers license and the county income charts for his county of residence. DickHead refused to accept the court summons and even ran from the Constable when the DA got sick of DickHead refusing to accept delivery of the summons via registered mail.
As we recommended, the court imputed full time income at the median wage for licensed plumbers in that county. CS went from $130/mo to $785/mo. The SpermIdiot shit a brick on that one. He ran screaming to the court claiming he never received the summons. When we ultimately ended up in front a judge nearly a year later his CS was reduced from $785 to $385 but because of his antics with refusal of the summons and running from the Constable he was required to pay the arrears of accrued non payment of CS at $785/mo for the year that he spent running and whining.
Expect the court of impute an income to BM of full time minimum wage under the description that you have provided.
A more important question, why would your DH allow SS to go live with BM in the first place and for sure he needs to nail BM's ass to the wall for CS as far back in to the 8yrs he has had custody as possible.
"He has talked about staying there for awhile". That is not his choice. Your DH has custody and it is your DH's choice. If BM wants that to change she will have to initiate a custody case against your DH. The kid has no say in the matter.
All IMHO of course.