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Child support question

cemacmilcemacmil
in Single Parents

I am currently in the process of getting some paperwork signed by my soon to be ex-husband (still pregnant and cannot be legally final in our state until post baby).

My question is, if your ex was unemployeed at the time you initially filed for CS, what did your laywer/state put him down for for wages? Did they use basic full time minimum wage or "capable wage"?

TIA. I will ask my laywer, but just want to see some answers on here before chucking out more change.

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Re: Child support question

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    PrincessFiona9PrincessFiona9 member
    I haven't gotten anything finalized yet, but the lady in the prosecuter's office in my county said it would be based off how much EX would be capable of making if he was working. Which still isn't very clear, because if he hadn't gotten his 2nd DUI and lost his license, he *could* be working for IBEW making $20+ per hour. However, he's a loser, and pretty much only "capable" of obtaining a minimum wage job. Hard to say how this will pan out!
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    hollinorhollinor member
    I know every state is different.  I filed in Hawaii and they went off of what he made at his previous job.
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    PrettyInPearls23PrettyInPearls23 member
    Mine wasn't unemployed at the time, but I only had access to his 2009 tax return. My attorney used that and the courts were fine with it. He didn't have his 2010 tax returns done at the time and was dragging his feet getting any other kind of documentation to me, so I had no choice.

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    cmanmomcmanmom

    My exH had a job at first, so it went off those wages.  Soon after he got fired, but it stayed at that rate for 2 years of his unemployment (work under the table - boo) and accrued from that point. 

    Now that he's working again, the money plus a LITTLE more comes out to make up for back pay, and since he is making more money it will be re-evaluated by the state in 2 more months (not worth their time unless he keeps the job for 3 months lol).  Then the monthly amount will go up, plus the back pay will stay the same until he will pays it down.  Win.

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    haleyw458haleyw458 member
    They actually didn't go off his wages at all. They had me fill out my monthly expenses for DS, then he was responsible for 57% of that.
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    cemacmilcemacmil

    imagehaleyw458:
    They actually didn't go off his wages at all. They had me fill out my monthly expenses for DS, then he was responsible for 57% of that.

    Yeah, the paperwork appeared to have me covering 65% and him 35%, but they did put a weekly income for him on that. But spoke with my lawyer and having her handle everything as I do not need the stress right now. 

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