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Originally Posted by Lindsay
I understand that your post was meant to be informative, but the outcome of your case may not necessarily be the outcome of everyone else's case. I used the word "likely" simply because there can be no definte or guaranteed result. Custody and child support is determined by the issues and circumstances of each case and how information is presented to the court.
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I was going on the outcome of the 100's of cases I have read. Sure, I am not in court every day (well, it feels like every day), so I cannot tell what happens in every single case, but I have researched enough to state what really happens.
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I think it's very unfair to say that there are different rules for mothers and fathers. There are many cases where the father is the primary caregiver and the mother the support payor. In that kind of situation, the court would not give the payor special treatment simply because she is a woman. There is no male and female when it comes to child support. There is, however, a payor and a recipient.
Lindsay
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There may be one set of rules, and in the rare situation like child support, the mother is treated the same as the father. For the most part, the rules are certainly implemented quite differently. You are not equals going in. And that is the first mistake a father can make.
BTW, I have never said, that mothers never pay support, or for that matter, have never lost custody or access.
I guess we need a spreadsheet with 4 columns:
Column #1: Question
Column #2: What the law says
Column #3: What you think should happen
Column #4: What really will happen (in 80% of cases)
So, taking our post above:
Question:
What happens when a court ordered child support award exceeds my ability to live.
What the law says:
You can claim undue hardship (as posted above) using formula, etc., to see if you qualify. Then, file a material change in circumstance, motion the court, prepare the paperwork (affidavits), etc
What you think should happen:
With his properly researched and prepared case, he thinks his support would go down.
What really will happen (80% of the time):
Nothing.