Can I afford child support and child care? 11 Answers as of February 08, 2016

I did the math on my new job and I won't be able to afford child care costs in addition to child support if I get a divorce. Would a judge actually require me to pay something I mathematically cannot afford?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
There is a self support reserve that no support obligation would put you below; child support is based upon the combined income and the appropriate percentage; child care must be in a reasonable amount before you will be required to pay your pro rata share(percentage of combined parental income). Child care is a reasonable and necessary expense for the residential parent to work.
Answer Applies to: New York
Replied: 2/8/2016
Walpole Law | Robert J. Walpole
Yes and for the very good reason that parents are ultimately responsible for providing for children. What may be helpful to you is that both parents are to provide financial support. In Oklahoma, state law uses a computation form that pro rates by a ratio of your income to the parents' total income and multiplies that a set figure and the cost of child care and medical insurance. I understand that many people are living week-to-week, but you can still survive. This might cause you to reconsider divorcing your spouse. Good luck.
Answer Applies to: Oklahoma
Replied: 2/4/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It happens every day. You will need either to find more income or to reduce your expenditures.
Answer Applies to: Wisconsin
Replied: 2/2/2016
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
To some degree your take home pay not covering your expenses is irrelevant. There is no question a Judge would order child support to be paid even if you cannot afford to pay your own bills. NO question about that!
Answer Applies to: California
Replied: 2/1/2016
Attorney at Law | Aimee C. Robbins
Yes and Maryland law on child support is horrendous, as it is based on gross income of the parties, as opposed to real take-home net income. Child care expenses are figured into the cost of child support and based on the ratio of the two parties income to the total family income.
Answer Applies to: Maryland
Replied: 2/1/2016
    John Russo | John Russo
    Yes, since if you did the calculations correctly you should be able to afford it, also the court is concerned about whats in the best interest of the child, not the parent.
    Answer Applies to: Rhode Island
    Replied: 2/1/2016
    Eric Johnson
    Eric Johnson | Eric Johnson
    Probably. Courts are highly skeptical of people who claim they cannot pay. The more proof you have of an inability to pay the harder it is for the court to deny your claims. Simply going into court with a pay stub and claiming, "My pay is this much and my expenses are this much" won't likely cut the mustard. But if you show what your average income history is based upon at least a year's worth of pay stubs (or based upon a properly sworn statement from your employer clearly explaining that you're income has been decreased through no fault of your own, or a medical reports worn and supported with documents that shows you can't work or can't work as much as you used to) in addition to providing the court with months and months of receipts showing what your legitimate, recurring, monthly expenses are, you might have a shot at convincing the court to side with you. Good luck.
    Answer Applies to: Utah
    Replied: 2/1/2016
    Diane l. Berger | Diane L. Berger
    The Judge cannot order you to make payments which would take you below the poverty level.
    Answer Applies to: Nebraska
    Replied: 2/1/2016
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    No, you need a Lawyer to address the child support worksheet.
    Answer Applies to: Georgia
    Replied: 2/1/2016
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    It is best to have your situation reviewed by an experienced family law attorney to determine the appropriate levels of support. Support is based upon the factors including timeshare with the child and gross incomes of the parties.
    Answer Applies to: California
    Replied: 2/1/2016
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    That is for the court to decide.
    Answer Applies to: Illinois
    Replied: 2/1/2016
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