Will my wife get child support from me? 34 Answers as of July 04, 2013

For the last year my wife and I have been on unemployment. I pull in $1,100.00 and she gets $400.00. She has now moved out as of june first and has left the marriage. We have 3 children. Does she have dibs on my potential earnings as far as child support goes or does it stay where it was when she decided to leave?

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
Child support can always be adjusted based on current, although the courts don't like playing with it unless there is a change of more than 15%. You fail to mention who has the kids.
Answer Applies to: Connecticut
Replied: 8/10/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You have to know what the law says, and you should get yourself organized to deal with this.
Answer Applies to: New Jersey
Replied: 7/19/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
In Louisiana, child support is based upon a combination of your income and your wife's income in what is known as the "income shares" method. The calculation is made by adding together your gross incomes and obtaining a "basic child support obligation" from a grid which is enacted by statute. When you become fully employed, as opposed to being on unemployment, your income will increase, probably dramatically. Your wife can have child support recalculated (and increased) at that time if she requests in a formal action against you in court.
Answer Applies to: Louisiana
Replied: 7/14/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
I assume that when you say: "she gets $400", you mean that you pay $400 of your $1,100/month unemployment to your wife. I assume that the $400 has been voluntarily paid by you to her. If your wife files a Divorce case against you, she can file an Order to Show Cause for a Guideline Child Support order retroactive to the date of filing of her Divorce case, based on your income, her income, and your percentage of custodial time-share of the children.
Answer Applies to: California
Replied: 7/14/2011
Pontrello Law
Pontrello Law | William Pontrello
child support is always modifiable base on substantial change in circumstances.
Answer Applies to: Florida
Replied: 7/14/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Is there an existing child support order? If not, you will have to pay some amount of support depending on the income of you and your wife.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Wisconsin has set guidelines on child support. It is dependent on what each party earns (or in some cases - could earn), the number of children, and where they are placed (spend overnights). It is not dependent on who leaves and what each party earned when leaving.
    Answer Applies to: Wisconsin
    Replied: 7/14/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Child support is always modifiable. As your income increases, so will your support obligation. If either of you remains unemployed, either of you can request that the court make support orders based on your respective earning capacities.
    Answer Applies to: California
    Replied: 7/14/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    A critical factor is with whom the children are living. . . if she left you and the kids, she will be obliged to pay YOU child support. The calculation is done with guidelines issued by the state that dictate the minimum you must pay. When you get to court - or are summoned there by the state(for the benefits I presume they are paying for the children -i.e. medical care), then these guidelines will come into play.
    Answer Applies to: Rhode Island
    Replied: 7/14/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Child support is calculated based on statutory a statutory formula that takes into account several factors. Based on those factors, you might owe child support, but it is impossible to say without knowing more about your case. I recommend you speak with an attorney who can assist you with calculating various child support scenarios.
    Answer Applies to: Arizona
    Replied: 7/14/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Child support will always be based on your then-current income amount.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Child support will be based on the income of both parties and is based on the rules of the Child Support Guidelines. Unemployment benefits count as income; taxes can be taken off of the benefits. T
    Answer Applies to: Connecticut
    Replied: 7/13/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Child support is based upon your income, your spouse's income and the percentage of time each parent has physical custody of the children. There is a computer program called a dissomaster which a lawyer can run for you to tell you how much child support you will have to pay, but it is best for you to come into an experienced family law office to obtain the answers and help you need.
    Answer Applies to: California
    Replied: 7/13/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Your question is a bit unclear, but if I understand it correctly, the answer is "neither." For an explanation as to how it actually works,\
    Answer Applies to: Nevada
    Replied: 7/13/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Child support will be adjusted if either Party has a substantial change in income.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you have three children and they live predominately with her, then you would be required to pay child support to her. Whoever chose to leave is irrelevant to child support.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    If she has the children, you will almost certainly have to pay child support. If she also requests spousal support, you may be able to defend against that claim.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If the children continue to reside with your wife, absolutely yes. Both parents are financially responsible for support of their children. How that responsibility is divided between the parents and who pays what to whom depends on all the circumstances and financial information. It is not a question of who has "dibs" on money - child support is right of the children and a court will decide how to enforce that right.
    Answer Applies to: Colorado
    Replied: 7/13/2011
    Law Office of Margaret D. Wilson
    Law Office of Margaret D. Wilson | Margaret Wilson
    For purposes of child support unemployment is considered income. To determine the exact amount one will be required to pay in child support it is advisable that they use the free California State Child Support Calculator found on the State's website.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If your wife has custody of the kids, she can get child support based on your unemployment. However, the judge can look at how long you have been unemployed, your education, past work history, what you are doing to actively look for employment, and decide to set child support at a level that he/she thinks you should be earning rather than at your unemployment income. So it is fact specific and this can't be answered for sure in a quick email. But probably child support would be based on your current income and then she can come back later and modify it upwards when you do get a job.
    Answer Applies to: Georgia
    Replied: 7/13/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    To Whom It May Concern: You and your wifealways have the right to revisit the issues of child custody, support and visitation. The supportaward will be based onthe both of your currentearnings at the time the request for support is made, and of course, depends upon your relative timeshares with the children. I suggest '50/50', "week-on/week-off' to you.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Unfortunately if you earn more money, the ex-wife can always ask the Court to refigure the child support based on your new wages. If the child support amount increases by ten percent or more then she can get a larger amount of child support.
    Answer Applies to: Alabama
    Replied: 7/13/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, if the children will be residing primarily with your wife, then you will need to pay child support to her for your share of the costs of raising the children. If you are unemployed, the court may set your child support obligation based on your earning potential (this might mean looking at what you made in the last job you had). Her income or earning potential is factored in as well. Also, child support may be adjusted from time to time over the years based on changes in incomes.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The primary parent will receive child support consistent with WA State support guidelines and worksheets. The primary parent is the parent who has the most majority of overnights with the children in a calendar year.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You don't have enough information for me to answer this. If she has primary placement, you will pay 29% of gross. If you have primary placement, she will pay 29% of her gross. If you have shared placement, it will depend on the percentage of time the children are with each that will dictate the amount.
    Answer Applies to: Wisconsin
    Replied: 7/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    As a starting point, child support is calculated based on what you and your spouse are actually earning. Than information goes into a mathematical formula, along with certain other information, like the number and ages of the children, and certain expenses, and out pops the child support number. However, if a court becomes convinced that either or both of you are voluntarily unemployed or voluntarily under employed, then the court can "impute" income to either or both of you in calculating child support. What this means is that in some circumstances, the court may use what the court thinks you should be earning rather than what you are actually earning. The court when it imputes income can use the national average income for someone of that age and gender. Instead, it could also impute based on your historical income. In terms of the future, the statute allows child support to be modified or adjusted in the future. How often this can be done, and whether it is financially worthwhile to do it depends on the specific facts and circumstances of your case.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I'm not clear from your letter whether your wife took the children with her. Whoever is the residential parent will likely receive child support from the other.
    Answer Applies to: Ohio
    Replied: 7/4/2013
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    Child support will be calculated once a petition to establish it is filed or one of you files for divorce.
    Answer Applies to: Arizona
    Replied: 7/4/2013
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    I recommend you retain a divorce attorney in your area and discuss all the facts. Your attorney may discuss with you the point that the child support guidelines would likely be based on current income figures; however, either party may subsequently go back to court and seek a modification, based upon significant changes. Good luck!
    Answer Applies to: Georgia
    Replied: 7/13/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    The custodial parent of the children will be entitled to child support from the other parent at a percentage of the other parent's income. With 3 children, the percentage is 32% of your net income. So, if you get a job where you make $3,000 every month after taxes and other withholdings, your child support bill would be around $1,000/month.
    Answer Applies to: Illinois
    Replied: 7/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You have a duty to support your children. Even without a court order, if you go 30 days without paying you commit a crime and can go to jail. Since you are separated you need to sit down with a lawyer to determine how to legally resolve things.
    Answer Applies to: Georgia
    Replied: 7/13/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Child support will be set based upon your current earnings. If your income changes, child support can be modified in the future. CONFIDENTIALITY STATEMENT.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    That question will be up to the judge. A lot of times judges will use both of your earning capacities to caculate child support. One factor is why you are unemployed. If it is by choice the judge will most likely use your earrning capacity.
    Answer Applies to: Nebraska
    Replied: 7/13/2011
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