child support question?

ashleyvc2

STBX and I have been seperated since 9/6/2010....he is an atty that works for himself and I know that he never claims anything on his taxes.  However I am so sick and tired of paying for everything.  The ONLY thing I ask him to pay for is 1/2 of daycare...about 300 a month - he is behind 1k. 

 

I am scared to file for support since I make more than he does, and "on paper" i make a TON more than he does (but then again I bust my hump and work 2 jobs).  I am just afraid that he will file for support from me and then I'll have to pay him. Therefore I haven't started it yet.

 Anyone else in a similar situation?  WWYD? 

detoxing1

File for CS!  I too make substantially more than my EX and was still awarded CS and half of day care expenses.  In my experience, the court calculated his support amount based on the percentage of time spent with our DD and not entirely on our incomes.  Most states have a child support calculator online, I suggest googling your state's.

TwinkieFiend

You can request that only one of your jobs be counted towards the calculated amount, especially if you've started that second job since the separation and the money was needed since he was no longer contributing.  My son's BF had a full-time job and a part-time job when my son was born, so all of that income was counted.  He took another part-time job to help make the CS payments, but that income was not added because it was taken in order to help him be able to pay CS.  So basically if you took on another job to make ends meet that income may not be counted against you.

But of course your best bet is to get an attorney who can advise you and may also be able to find a way to prove your X's true income.

Good luck!