what if you can't pay child support?

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Yes dinkyface..that's essentially how I calculated it.
His income is tax free and it has been adjusted up - although we get two different figures - his side said $22000 and mine said $25000.
We should be sharing the cost of health benefits that is $62 a month that he should pay me.

So really the net child support we are talking is less than a hundred dollars and depending on gross-ups could be as low as $30 a month from me to him.

seems silly to go to court for that but then again his figures are always different. He thinks I should be paying either $212 a month or $150 depending on his health benefit contribution.

I'm just tired and want to be done with him and his nitpicky ways.
 
There are no arrears except for $62/month x 8 months. That would offset some of the Child support arrears that he wants for the last 8 months.
In February he paid the arrears from the years previously after having to go to court for that.
 
Also, regarding your lawyer. Have you reviewed all her invoicing to you so far? If you have any issues with this lawyers billing, now is the time to challenge this. Many lawyers routinely over bill their clients in the hope they say NOTHING. Once you question them they are very cooperative and all of a sudden they're invoicing review " has uncovered some over billing mistakes". Once you have paid them, you will never get them admit any over billing. Remember with lawyers its all about the money.
So... 1) Ask your lawyer politely for your balance of accounts up to today
2) review all your billing carefully and record stuff that looks "off"
3) ask for the detailed billing e.g. they usually bill in 10 minute increments get a copy of that. Don't accept " talked to opposing lawyer June 10 "
4) I can guarantee your lawyer has overcharged you, you need to put your detective hat on and find it. This is fun stuff if you like mysteries :)
5)Remember you are now going to self represent so don't be intimidated by your lawyer. They usually sense when they are getting dumped and start to get tough sounding with you.
6) They will not release your file until you have paid them off in full. Not to worry, anything of real importance is filed at the court, which you can retrieve.
7) thats it for now.
 
Also you can ask for your whole file before you pay them in full by saying that if they don't give you your file you will be at a disadvantage to the proceedings and it would predjudicing your case.

Worth a shot...

CD
 
I make $34000 and pay $2400 for health benefits for all the children. He doesn't even contribute to that.

You of course submitted the bill to him within 30 days of it being paid and requested he pay a pro rata share of this section 7 expense correct?

and/or you have made motion to the court to have your current arrangements ratified/clarified regarding section 7 already correct?

pay for my oldest child's braces and our health care because he didn't make any contribution...

Same as per the above.

I'd lay dollars to donuts you haven't done any of that....in which case get your ass in gear and get er done. He has an obligation to contribute pro rata to these expenses.

The CS formula is easy enough to factor in, the difference is what? 100 a month? If 100-200 a month is going to break you, then you are living FAR outside your means. Time to check in to some budget planning.
 
As for the ability to pay child support, and having wages garnished scares the hell out of me. I currently pay full child support for 2 children, and spousal, along with my share of Section 7 expenses, this is from a previous marriage. My most recent relationship with a demon places me in a position where I am not be able to pay her full child support. I am providing what I can, and if it wasnt for overdraft I wouldnt be able to. She's refusing access because of this, she refuses to be accommodating to incorporate my existing schedule with my other childrens, sports, access, etc. Bankruptcy is a hard pill to swallow, yet if I do, the Courts will look hard on me for that, so do I continue to live a life that is completely unfair. My 8 month old is being kept from me, and all I want is to be a part of his life. She dictates the schedule, and has recently walked out of mediation as she feels that me having him on everyother weekend from 11-4 is enough time, along with 2 other evenings for 2.5 hours. I would love to be able to sit with my children and have a family dinner on those weekends, and have asked continuously for the time to be extended until 6pm. She refuses. Not in the best interest of our son apparently!! I have successfully been a part of my other two children's life, and it kills me to be treated this way. I am ranting because I have ZERO faith in this Court system, yet I am forced to enter into it. I need some advice, I cannot afford a lawyer, and Mediation has been tossed to the wayside by her. Any help would be appreciated. My commuting costs are huge, I am unable to change postions, and unable to move as I am currently financially crushed.If it wasnt for family I'd be living in my car, losing access to my other children as a result.
 
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