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Child support + restraining order
Does he still have to pay it? I'm thinking it would be better to live without it. In my state you get 20% of his income before taxes, but what if in 4 years when he can fight the RO again, he can say he has shown effort by paying CS? He doesn't make enough money for me to want it or need it, but it would certainly help. It'd probably only cover laundry detergent and diapers. I feel as if I'm at an impasse. I think I'd have more pull in court if he tries to get custody of any sort with LO if I were able to say I haven't seen a dime in over 4 years. Thoughts?
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Re: Child support + restraining order
CPA and Haley are correct. He'll still have to pay (whether he really does or if it will accrue) but neither coordinate with the other.
eta: If in 4 years if he fights the RO and the basis of "well I've been paying towards CS" they'll also take into account how much he's paying per month, if he's been voluntarily making additional payments (if income garnishment doesn't cover the total amount due per month). If he feels that he really wants to make an effort to look good in the courts eyes, he should then be paying additional/remaining that doesn't get garnished.
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unfortunately him not paying child support will probably make no difference when it comes to custody. in my state it doesn't. i would even go so far as to say if you're not doing it on purpose so he has less of a chance to gain custody the courts might see this as manipulation and ask you "why didn't you file for it since you're using it as leverage in your case as to why he shouldn't have custody"
i dont know your situation, so take that with a grain of salt. just playing devil's advocate on what the court might say. i think a determination on custody would be made primarily on the basis of whether or not he is fit to parent or not and not at all on if he has or hasn't payed child support.
does the RO protect your LO or just you?
and all that aside- that money is owed to your LO, and you should definitely file for it. even if you dont need it- the amount over years put in a savings account would help your LO for future college or whatever- know what i mean?
http://oi62.tinypic.com/2w73hq9.jpg
This.