You are here

BM finally filed for child support

Jcksjj's picture

So BM finally filed for CS...I was shocked she didn't earlier. (Or maybe the state made her because she is getting medical assistance, idk). It is what it is. But get this - BMs income for the last 3 years was around 10k in unemployment each year and 5k listed on her taxes for her cleaning business. Uh what? 5k a YEAR?! Way to be a stereotype. 


SteppedOut's picture

I'm sorry, but her income needs to be listed as higher than that. Good lord, she couldn't survive on that. Additionally, if her business does THAT poorly, she can go get a job almost anywhere making $15/16 an hour. 

Jcksjj's picture

They included the unemployment she got so it does list her income as about 15k. Which is still a joke, but that's the lifestyle she chooses. There's no reason she can't work fulltime when she's perfectly able bodied and has one 6th grader. She complains about how depressed she is all the time, but I would imagine sitting at home by herself all day is only going to make that worse.

SteppedOut's picture

I think in most states the impute income at at least minimum wage. She can't just choose to not work and have a lower wage. Pathetic. 

Choosing to be such a low earner is bad for your child. As much as you would hate it, the kid would be far better off with her father. Too bad courts don't actually do what is best for the child. 

Jcksjj's picture

Our state has fairly recently changed child support to go easier on low workers - they used to impute income at 150% of min wage and nows its 30 hours at 100% of min wage - about 30 bucks more than what she has down anyway.

Yes, she would be better off with us. But then the other kids would have to live with her crap. So it's a lose-lose. And I already know from experience we aren't going to influence her behavior at this point as much as necessary for a healthy environment. I'm wondering to what degree she's going to copy her mom and live off of others after she's done with school. 

Rags's picture

Willful underperformers cannot be tolerated to play these poor mouth games at the expense of a quality NCP and their fresh family. If they are not working, demand an imputed income from the courts.

IMHO of course.

When the Spermidiot failed to respond to repeated subpoena by the DA to provide CS review informaton, refused to submit the required docs, and ultimately physically ran from the Constable serving him representing the DA's office, the DA reached out to my DW for any information she could provide on the Spermidiot's tax returns, imployment, income, etc...

She went CPA on his ass.  She provided his tax returns from the years they were together, she provided his state Plumber's license information, she provided his employer's contact information, she provided the income distribution charts for licensed plumbers by SpermLand County highlighing the Spermidiot's county, she provided PI reports and video footage of him taking cash jobs under the table stealing from his own employer by not billing the business's customers for work and pocketing cash on the weekends for doing work the customer's would have otherwise engaged the business the Spermidiot worked for.  She also recommended that the DA set his imputed income at the middle of the hourly rates paid to licensed plumbers in that County.


Note the devilish grin prior to futher comment.

After DW provided all of the information the DA initiated a new CS order and invoked direct payroll withholding of CS from the Spermidiot's pay.  His CS went from $133/mo to $785/mo. He got his first $0.00 pay check with the invocation of direct payroll withholding and he came screaming and crying into court to beg to get his CS moved back to $133/mo and direct whithholding revoked.  There had not been a CS review in more than 9yrs.  My DW would not do it because she did not want to make them mad. Her logic was if they are not mad they will not take their crap out on the kid during visitation. Sadly, she misjudged that big time.

Due to the crying and pouting in court, the Judge did roll back CS to $385/mo but awarded arrears for 2yrs at $785 due to the Spermidiot's shenanigans with ignoring the summonses, running from the Constable, etc...  Part of the Spermidiot's attempt to get the full rollback of the nearly 600% increase in CS was that he did not actually earn the mid point of plumbers wages in his County.  Our response was that he had a history of willful under employment to try to minimize his CS obligation.  The Judge that heard presided over theat hearing considered our position and ruled that it was valid.  There was never any explanation of the final order setting CS at $385/mo for the last 4 years of SS's CO years.  Direct withholding was upheld and the DipShitiot had to suffer that indignity picking his check up from payroll each week for 6 years.

Know the CO, know the supplemental county rules, and state regultions, be assertive. All the Judge can do is rule either for you, against you, or most likely, in a mid point decision.  Motion for direct payroll withholding, motion for an order of imputed income for an under earning individual or a non earner.  

Keep their noses firmly pressed in the stench of the nasty spot in the carpets of their toxic manipulations.

Good luck.