CS Question

quick question... as soon as my baby is born (2 weeks or less), i'll be filing for child support. last i heard the father was unemployed.. if he is still unemployed when i file, would he still be ordered an amount to pay? or would he get off for not having a job? would they keep tabs so that when he did become employed he'd have an amount to pay each month? i worry he'll avoid getting a job to avoid paying child support.. not sure if it matters but im in UT.

TIA!

How is he going to give you money if he doesnt have any? Is he planning on being involved?

Quoting !!!!!!!!!!!!:" quick question... as soon as my baby is born (2 weeks or less), i'll be filing for child support. last ... [snip!] ... pay each month? i worry he'll avoid getting a job to avoid paying child support.. not sure if it matters but im in UT. TIA!"

If he's receiving unemployment he might have to pay, but it might be something like $25/month because he's below the "poverty line". And if you go through the support collection unit (at least here in NY), they will keep tabs on where he is working. I don't believe that will automatically change the amount of support he has to pay though...you will probably have to take him back to court for a modification.

<blockquote><b>Quoting Amberchik78:</b>" How is he going to give you money if he doesnt have any? Is he planning on being involved?"</blockquote>


i guess its not really that i'm worried about receiving any money while he's unemployed; i worry about filing while he's unemployed, him not being ordered to pay anything, and then he gets a job. i've read the order can only be reviewed so many times in a certain time frame. i'd rather not have to keep tabs on if he is or isn't working so i could have it modified.. it'd be nice if there's just a minimum he's ordered to pay and if he doesn't have a job, it would accrue? probably doesn't work that way though... he's the type that won't get a job for a few months if it meant he didn't have to pay or was able to pay less... i wish, but he doesn't want to be involved. i've tried and begged. he's moved on and has a new girlfriend.

<blockquote><b>Quoting Lizplustwo:</b>" If he's receiving unemployment he might have to pay, but it might be something like $25/month because ... [snip!] ... change the amount of support he has to pay though...you will probably have to take him back to court for a modification."</blockquote>


yeah i've read you can have it modified.. but from what i understood it can only be reviewed and modified like once every 3 years? i just don't want to have to keep tabs on him. where he's working, what he's making and all that stuff. i'd be getting it modified constantly because he's not stable.. sounds like its going to be interesting. guess i'll find out soon enough!

They'll base the amount on his current income, not his potential income...there's no way to know how much he would be making if he did have a job. If you file now and he is receiving unemployment, they will take the amount ordered from his unemployment checks. If he becomes employed (which I believe you can find out through the support unit because they keep tabs on that), then you can take him to court for a modification. If he then quits his job just to spite you, it is up to HIM to file for a modification to have the amount reduced; they will not do that automatically.

My ex would change jobs frequently so that the support unit had trouble keeping up with him...he was shocked as hell when I filed a violation and the judge gave him a deadline to pay up or he would be put in jail.

Quoting !!!!!!!!!!!!:" <blockquote><b>Quoting Lizplustwo:</b>" If he's receiving unemployment he might have ... [snip!] ... it modified constantly because he's not stable.. sounds like its going to be interesting. guess i'll find out soon enough!"

They automatically review it every so often...might be every 3 years...but that doesn't mean the amount of modifications is limited. As far as I know, you can apply for one as often as is necessary.


Like I said, if his income is reduced then the burden is on him to request a modification, so it would be a hassle for him as well.

Mind you, I'm no expert, I only have my own experience to speak from and I live in a different state...if you call your local county's family court, they should be able to answer all these questions for you.

did you do all of yours through a support service? i will call and talk to them tomorrow. sounds like i'll just file to get a case opened and then just keep following up with them to see if he becomes employed.. i just know he'll be thrilled when i don't get anything due to his unemployment. when you filed the violation, did you do that through the service also or privately? that's good to know!

I filed for support initially through the courts, and they give you the option of getting your support through the support collection unit. When I didn't get support for a few months I called them and they filed the violation for me...but you still have a court date and you both have to be there and everything. I believe they will file automatically after a certain period of time, too.

If he gets a new job he's required to report it to them so they can take his payments out of his check...if he doesn't, he'll be in violation. They'll either send you a check, deposit it directly in your bank account, or put it on a debit card for you so you never have to deal with him.

Sorry he's making this so difficult...I know what that's like. I got $50/month (sporadically) for almost four years and he finally agreed to sign over his parental rights to my husband if I would drop support first, so I jumped on that  

<blockquote><b>Quoting Lizplustwo:</b>" I filed for support initially through the courts, and they give you the option of getting your support ... [snip!] ... and he finally agreed to sign over his parental rights to my husband if I would drop support first, so I jumped on that  "</blockquote>


awesome. so it sounds like they'll take care of a lot of it but just might be a little slow. i'm pretty good at staying on people's asses about things so i'll just make sure he doesn't get the chance to fall far behind without having a violation filed.

honestly, i hope that's what ends up happening.. that eventually he'll just sign over his rights when i find someone and get married. i don't even care about the amount i receive... i really don't want things to get uglier than it already has been and it will be best to not have to deal with him directly. i just feel like he should be a LITTLE accountable in some way for awhile.

The courts won't really do much if he's only a month or two behind...most they'll probably due is suspend his driver's license. I waited until mine was 6 months behind before I bothered, and that's when they threatened him with 30 days in jail.

<blockquote><b>Quoting Lizplustwo:</b>" The courts won't really do much if he's only a month or two behind...most they'll probably due is suspend ... [snip!] ... license. I waited until mine was 6 months behind before I bothered, and that's when they threatened him with 30 days in jail."</blockquote>


that seems reasonable.. how come you only received $50/month? that was based off his income?

He was working a minimum wage job and was below what they consider the "self sufficiency" line. So child support is a flat $50/month. If he's below the poverty line, it's $25/month.

<blockquote><b>Quoting Lizplustwo:</b>" He was working a minimum wage job and was below what they consider the "self sufficiency" line. So child support is a flat $50/month. If he's below the poverty line, it's $25/month."</blockquote>


oh wow. i didn't know that. thank you for all the info! i really appreciate it.