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12/28/2010 1:23:42 PM EDT
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.
12/28/2010 1:25:17 PM EDT
[#1]

12/28/2010 1:27:11 PM EDT
[#2]
Why did you owe her 5 grand? I assume you weren't paying?
12/28/2010 1:28:10 PM EDT
[#3]
yup I'm in
12/28/2010 1:29:50 PM EDT
[#4]
Condoms, yup, they work.
12/28/2010 1:30:25 PM EDT
[#5]



Quoted:


Hello Brothers...

 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.


Are you paying directly or through a state child support collection agency?



 
12/28/2010 1:32:00 PM EDT
[#6]
Call the state agency that collects it.
12/28/2010 1:32:14 PM EDT
[#7]
Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.


Texas Attorney General should be able to tell you.

Clicky Clicky

12/28/2010 1:32:38 PM EDT
[#8]
Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.


You should always be able to request a payment history. It's a non-issue.
12/28/2010 1:32:54 PM EDT
[#9]
I did the child support thing for awhile during my 2 years in and out of court seeking custody.  I don't remember them ever sending anything like an end of year statement, but I could be wrong.  Found this site where you can log in to see your info, also has a link on that page to find your local office.  I had an issue once and stopped by a local office and they were fairly helpful.

TX OAG Child Support
12/28/2010 1:33:28 PM EDT
[#10]

12/28/2010 1:34:24 PM EDT
[#11]
pics of the Ex please
12/28/2010 1:35:42 PM EDT
[#12]
Quoted:

Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.

Are you paying directly or through a state child support collection agency?
 


In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.
They also get to keep the money for a few days, to profit on the float.

I would contact the state agency.  

Good luck, and good job getting the back stuff paid up.

Remember, if you have no income, (unemployed) you owe no child support.  So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.

I am not a lawyer, this is what mine told me here in TX, while going through my divorce.

TXL

You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.

12/28/2010 1:37:46 PM EDT
[#13]
Quoted:
Why did you owe her 5 grand? I assume you weren't paying?


no i was paying but i was not the smartest in the beginning and paid a lot in cash / gifts. lesson learned

12/28/2010 1:40:01 PM EDT
[#14]
Quoted:
I did the child support thing for awhile during my 2 years in and out of court seeking custody.  I don't remember them ever sending anything like an end of year statement, but I could be wrong.  Found this site where you can log in to see your info, also has a link on that page to find your local office.  I had an issue once and stopped by a local office and they were fairly helpful.

TX OAG Child Support


great thank you

12/28/2010 1:44:36 PM EDT
[#15]
contact the state...they should be able to get you records...
also, I was able to view payment records online once I set it up with the state...They are a joy to work with...

<––––-paid CS for 20 years all because of a "one week stand"
Very painful experience. But I survived and no one got physically hurt....
12/28/2010 1:45:16 PM EDT
[#16]
Quoted:
...................

Remember, if you have no income, (unemployed) you owe no child support.  ..................




If you file for unemployment compensation they will take child support out of that unemployment compensation check.

IC 22-4-39-2
Disclosure of obligations; notification of child support enforcement agency
    Sec. 2. An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether the individual owes child support obligations as defined in section 1 of this chapter. If the individual discloses that the individual owes child support obligations and is determined to be eligible for unemployment compensation, the department shall notify the state or local child support enforcement agency enforcing that obligation that the individual has been determined to be eligible for unemployment compensation.
As added by Acts 1982, P.L.95, SEC.9. Amended by P.L.18-1987, SEC.103.

IC 22-4-39-3
Deductions; amount
    Sec. 3. The department shall deduct and withhold from any unemployment compensation payable to an individual that owes

child support obligations:
       (1) the amount specified by the individual to the department to be deducted and withheld under this section, if neither subdivision (2) nor (3) is applicable;
       (2) the amount (if any) determined pursuant to an agreement submitted to the department under Section 454(20)(B)(1) of the Social Security Act by the state or local child support enforcement agency, unless subdivision (3) is applicable; or
       (3) any amount otherwise required to be so deducted and withheld from the unemployment compensation pursuant to legal process properly served upon the department.


If you run out of unemployment compensation you need to get your support amount modified (at your expense) to reflect your income.

12/28/2010 1:51:12 PM EDT
[#17]
It's been a while since I finished up my CS with the great state of Texas, But I'll see if I can help.
CYA. That is the best advice I can give you. The Texas AG's office keeps the worst records of any government office I've dealt with. And you will get no sympathy or mercy from any of their $8 an hour god-like bureaucrats. I would keep bank records, reciepts on any and everything you spend pertaining to your childs support. And you had better be anal about it. And you will probably still have to shell out a couple thousand dollars every so often to a lawyer so he can convince them that their records should match your records. I would request a statement from them every year (I don't remember them just voluntarilly sending one). I don't know about the rest of the country, but Texas is F'd when it comes to CS.
Hopefully in 18 years or so (or however long before your child reaches legal age), and you aren't in prison for going postal at the AG's or living under a bridge because the court system and lawyers took everything you ever earned, you can breath a sigh of relief and begin to rebuild your life. And for God's sake don't get in arrears (you won't like that).
Sorry if I sound so cynical, but 14 years of dealing with the AG's office, Guardian Ad Litem (who the hell are they anyway?), multiple Judges and Lawyers, and a vindictive Ex will have that effect on you.
Good luck to you bro. I came out the other side, hopefully you will as well.
12/28/2010 1:54:24 PM EDT
[#18]
Quoted:
contact the state...they should be able to get you records...
also, I was able to view payment records online once I set it up with the state...They are a joy to work with...

<––––-paid CS for 20 years all because of a "one week stand"
Very painful experience. But I survived and no one got physically hurt....


at least you got a week out of it..   mine was about 2 hours..   =0( and it was horrible too.

12/28/2010 2:53:06 PM EDT
[#19]
Quoted:
Quoted:
contact the state...they should be able to get you records...
also, I was able to view payment records online once I set it up with the state...They are a joy to work with...

<––––-paid CS for 20 years all because of a "one week stand"
Very painful experience. But I survived and no one got physically hurt....


at least you got a week out of it..   mine was about 2 hours..   =0( and it was horrible too.



I'm a bigger loser...it was bad and I hit it more than once
She didn't suck dick either...

12/28/2010 4:44:25 PM EDT
[#20]
The child support people are not there to be fair or to help you. They will in fact, be as unhelpful as humanly possible. they will talk to you like a dog, simply because you want information.

KNOW that and understand that.

Keep METICULOUS records of everything!!!!!

I repeat, KEEP METICULOUS RECORDS OF EVERYTHING!

Pay only with check and keep all of your checks and records!!

Start a notebook where you record everything and SAVE EVERY RECEIPT!!!! If you buy your child a pair of shoes or a t-shirt, keep the receipt and record it in your records!!!!!

Everytime the mother does anything wrong, record name/date/time/what happened, in your records. be VERY detailed.

If you ever go to court, take all records and receipts to court with you!


12/28/2010 5:50:12 PM EDT
[#21]



Quoted:



Quoted:




Quoted:

Hello Brothers...

 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.


Are you paying directly or through a state child support collection agency?

 




In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.

They also get to keep the money for a few days, to profit on the float.



I would contact the state agency.  



Good luck, and good job getting the back stuff paid up.



Remember, if you have no income, (unemployed) you owe no child support.  So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.



I am not a lawyer, this is what mine told me here in TX, while going through my divorce.



TXL



You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.





Interesting.  Here, there is a support collection agency, but it's not mandatory unless the payee requests it.  And if the SCU is involved, it can either be by physically sending them a check every pay period, or via a wage deduction order.  The problem is that it's a state agency, but each county has their own office, and if there's some kind of problem, you end up getting bounced back and forth between Albany (where the actual checks get sent) and the county office, which is responsible for enforcement.



 
12/28/2010 5:54:13 PM EDT
[#22]





Quoted:





Quoted:
Quoted:


Hello Brothers...


 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.



Are you paying directly or through a state child support collection agency?


 






In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.


They also get to keep the money for a few days, to profit on the float.





I would contact the state agency.  





Good luck, and good job getting the back stuff paid up.





Remember, if you have no income, (unemployed) you owe no child support. So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.





I am not a lawyer, this is what mine told me here in TX, while going through my divorce.





TXL





You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.





That is news to me...  
 
12/28/2010 6:04:36 PM EDT
[#23]
Quoted:

Quoted:
Quoted:

Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.

Are you paying directly or through a state child support collection agency?
 


In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.
They also get to keep the money for a few days, to profit on the float.

I would contact the state agency.  

Good luck, and good job getting the back stuff paid up.

Remember, if you have no income, (unemployed) you owe no child support. So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.

I am not a lawyer, this is what mine told me here in TX, while going through my divorce.

TXL

You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.

That is news to me...  

 


Maybe a Texas thing, but not in CA or UT.
12/28/2010 6:49:19 PM EDT
[#24]
Quoted:
Call the state agency that collects it.


This is what I had to do in your situation. Just a word of advice, you really need to keep on top of this stuff. Get a notebook, and write this stuff down, and document every time you call the child support enforcement agency and who you talk to, and take some brief notes on what was said. You should have been assigend a case worker. Keep track of him/her. 99% of the time it will be a "her". Treat her very nice. Regardless how nice she is to you, she hates you. You have a Penis. It is all your fault.

I never received any statements automatically, but, I could ask for an audit if i wanted too. Your court order should list the monthly support agreement, and it should be broken down and show monthly payment, and additional payment for arrears (back child support), and the total amount you are being garnished.  You may want to call and ask what interest rate they are hitting you with. That rate will apply to the un-paid balance, and haunt you till it is paid off. My state (New Mexico) lost my records twice, and that haunted me until I demanded an audit to find the money they lost.

You need to keep track of every penny you send. Make sure the income tax that is taken from you is applied to your ARREARS. Make sure the child support enforcement agency documents that too. Mine conveniently skipped that every year until i raised hell. If you are married, and filing jointly, make sure your spouse files and injured spouse form so they do not take her portion of your joint income tax return. You can get that form number online. Take what I have said with a grain of salt. Each state is different on how they treat the Evil Penis (you). Good Luck!
12/28/2010 7:37:36 PM EDT
[#25]
Quoted:
Quoted:

Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.

Are you paying directly or through a state child support collection agency?
 


In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.
They also get to keep the money for a few days, to profit on the float.

I would contact the state agency.  

Good luck, and good job getting the back stuff paid up.

Remember, if you have no income, (unemployed) you owe no child support.  So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.

I am not a lawyer, this is what mine told me here in TX, while going through my divorce.

TXL

You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.




I have paid my child support directly to my ex, exactly as stipulated in the divorce decree.


There is nothing in Texas that says child support should go through the State. In fact, you have more problems and delays when it does.

pato
12/28/2010 7:48:07 PM EDT
[#26]
Quoted:
Why did you owe her 5 grand? I assume you weren't paying?


You could assume that but you could very well be wrong.  When I got divorced years back, they started the CS clock when we filed.  They didn't tell me that.  Our hearing was a few months later so all this time, I was unknowingly racking up arrears.  I knew about the amount I was supposed to pay so I just paid it to the ex every pay day.

After we went to court, (which was another disaster of a story) I got a nastygram saying that I was ~$2k in arrears.  I didn't have a spare 2k laying around and the ex went to bat for me but it was such a hassle to try and get it fixed, I just let them take my tax return and my ex just signed it back over to me.  Best part of that was, I filed as soon as I could and my wife didn't get the check till like August. The State sat on that money for months before sending it to her.  They were frequently late getting the checks out so I would front my ex the money and she'd sign the support checks over to me when they finally came.  Government inaction!
12/28/2010 7:52:21 PM EDT
[#27]
and people wonder why i want to get snipped asap ?
12/28/2010 8:34:32 PM EDT
[#28]



Quoted:



Quoted:


Quoted:




Quoted:

Hello Brothers...

 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.


Are you paying directly or through a state child support collection agency?

 




In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.

They also get to keep the money for a few days, to profit on the float.



I would contact the state agency.  



Good luck, and good job getting the back stuff paid up.



Remember, if you have no income, (unemployed) you owe no child support.  So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.



I am not a lawyer, this is what mine told me here in TX, while going through my divorce.



TXL



You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.









I have paid my child support directly to my ex, exactly as stipulated in the divorce decree.





There is nothing in Texas that says child support should go through the State. In fact, you have more problems and delays when it does.



pato


Conversely, you have a record of the payments made so she can't claim she never got the check.



I've seen women sit on checks and not cash them, just to be able to file a violation petition against the father.



 
12/29/2010 4:49:44 AM EDT
[#29]
Quoted:

Quoted:
Quoted:

Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.

Are you paying directly or through a state child support collection agency?
 


In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.
They also get to keep the money for a few days, to profit on the float.

I would contact the state agency.  

Good luck, and good job getting the back stuff paid up.

Remember, if you have no income, (unemployed) you owe no child support. So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.

I am not a lawyer, this is what mine told me here in TX, while going through my divorce.

TXL

You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.

That is news to me...  

 


Boy, am I glad I did not pay you for my legal advice

As much as I paid my atty, he better know this shit.  FYI, he did know how to craft the restraining orders so that keeping my firearms was never in doubt.

TXL
12/29/2010 5:31:28 AM EDT
[#30]



Quoted:



Quoted:




Quoted:


Quoted:




Quoted:

Hello Brothers...

 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.


Are you paying directly or through a state child support collection agency?

 




In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.

They also get to keep the money for a few days, to profit on the float.



I would contact the state agency.  



Good luck, and good job getting the back stuff paid up.



Remember, if you have no income, (unemployed) you owe no child support. So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.



I am not a lawyer, this is what mine told me here in TX, while going through my divorce.



TXL



You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.



That is news to me...  



 




Maybe a Texas thing, but not in CA or UT.


Or NY.



 
12/29/2010 6:10:22 AM EDT
[#31]
Quoted:

Quoted:
Quoted:
Quoted:

Quoted:
Hello Brothers...
 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.

Are you paying directly or through a state child support collection agency?
 


In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.
They also get to keep the money for a few days, to profit on the float.

I would contact the state agency.  

Good luck, and good job getting the back stuff paid up.

Remember, if you have no income, (unemployed) you owe no child support.  So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.

I am not a lawyer, this is what mine told me here in TX, while going through my divorce.

TXL

You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.




I have paid my child support directly to my ex, exactly as stipulated in the divorce decree.


There is nothing in Texas that says child support should go through the State. In fact, you have more problems and delays when it does.

pato

Conversely, you have a record of the payments made so she can't claim she never got the check.

I've seen women sit on checks and not cash them, just to be able to file a violation petition against the father.
 



My ex is being a royal &!+(^ lately and claims I don't pay her enough support, based the 17% of gross income rule in NY.  She's threatening to take me back to court and "rake" me "over the coals".  I kinda hope she does invoke the state collection agency crap and demads I pay the money through them.  That way when she doesn't get her money on time she can't say I didn't pay her.  Just for the record, I pay her well above what our agreement states and I have voluntarily self adjusted it for years to be at the 17% mark, in either direct deposit payments and/or to services that would otherwise come out of the CS.  I have records to show what I have paid her or on her behalf as part of the child support. Thank God for electronic payments.
12/29/2010 9:38:57 AM EDT
[#32]





Quoted:





Quoted:
Quoted:




Quoted:
Quoted:


Hello Brothers...


 im just about to close out my first year of child support and i was wondering if the state will send me some type of statement about how much i paid out?  I owed my daughters mom about 5 grand when i started and i would like to know how much of that 5 grand i paid off along with my reg child support.   The state took my income tax last year and put it towards my back child support.  Im pretty sure they will take it again this year.  does anyone know off hand a way to find it out.  my lawyer is MIA.



Are you paying directly or through a state child support collection agency?


 






In TX, all child support is supposed to go to the .gov, so they can issue a check to the Parent.


They also get to keep the money for a few days, to profit on the float.





I would contact the state agency.  





Good luck, and good job getting the back stuff paid up.





Remember, if you have no income, (unemployed) you owe no child support. So if you  lose your job, either you or your attorney needs to go to the court of record for your child support, and file paperwork to get the child support obligation stopped immediately.  If you do not, it will pile up.  If you get it filed, you will not owe anything for back child support once you are collecting income again.





I am not a lawyer, this is what mine told me here in TX, while going through my divorce.





TXL





You might also look into fathers for equal rights, google it, there is a TX chap than can help with these questions, forms and such.





That is news to me...  





 






Boy, am I glad I did not pay you for my legal advice





As much as I paid my atty, he better know this shit.  FYI, he did know how to craft the restraining orders so that keeping my firearms was never in doubt.





TXL



You should be... I am not a lawyer.     But, I don't think things are simple as just not having income.  Here are parts of the law from the Texas AG's website:
Sec. 154.066.  INTENTIONAL
UNEMPLOYMENT OR UNDEREMPLOYMENT.  If the actual income of the obligor is
significantly less than what the obligor could earn because of
intentional unemployment or underemployment, the court may apply the
support guidelines to the earning potential of the obligor.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.






Sec. 154.067.  DEEMED
INCOME.  (a)  When appropriate, in order to determine the net resources
available for child support, the court may assign a reasonable amount
of deemed income attributable to assets that do not currently produce
income.  The court shall also consider whether certain property that is
not producing income can be liquidated without an unreasonable financial
sacrifice because of cyclical or other market conditions.  If there is
no effective market for the property, the carrying costs of such an
investment, including property taxes and note payments, shall be offset
against the income attributed to the property.





(b)  The
court may assign a reasonable amount of deemed income to
income-producing assets that a party has voluntarily transferred or on
which earnings have intentionally been reduced.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.






Sec. 154.068.  WAGE
AND SALARY PRESUMPTION.  In the absence of evidence of the wage and
salary income of a party, the court shall presume that the party has
wages or salary equal to the federal minimum wage for a 40-hour week.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.






 
12/29/2010 9:53:21 AM EDT
[#33]
Child Support has nothing to do with either children or supporting them.

Let me lay this out for you in some detail.

You get woman prgenant.  She has baby, sues for support.  Court orders you to pay, when you dont they lock you up or garnish wages, etc.

But the devil lays in the details.  That central disbursement account yuo pay into collects interest and the state keeps that money to fix potholes, pay salaries, fund pork, you get the picture.  Child support collections are figured into the state fiscal budget and states are required by law to have a balanced buget.  Now it gets deeper so follow closely.

Given that women as a whole make less than men it is easy to deduce that the current custody and support structure of the courts suits the state very well, financially speaking.  If custody and support were practiced fairly in the courts, more men would have custody of their children, or at least pay less in support and women would start sharing the burdon.  BUT, since support arraingements are based on custody and a mathmatical formula that figures the amount to be paid, favors women, reversing or ammending the current system would cause that disbursment account to shrink.  As we already know, that money is part of the state's fiscal buget and states are required to have a balanced buget, it is not in the best interest of the state to allow this shrinkage to happen.  Rather, the state will go out of their way to seek the highest figure they possibly can, 55% of post tax earnings in some states.  And will go to the ends of the earth to enforce the payment order.  In fact they will do whatever they can to make the payee utilize the state system rather than direct payments.

So you see, it really isnt about your child, or supporting the child.  It is income for the govt, no different than taxes or any other revenue collection.  Once you understand this, you will see the system for what it is.

To add insult to injury, every lawyer, judge and publlic official understand what I have written above and agrees that this is unfair and injust but they also know that it is political suicide to even attemp to cut off the states money train.
12/29/2010 10:14:16 AM EDT
[#34]
I didn't know if you didn't have a job you didn't have to pay child support. They keep dinging you here in TN. You can request for them to lower it. You also have to pay through the state although I think you can get the option of paying directly but the funny thing is also the state takes a portion as a handlers fee.

What I don't like is they'll throw a parent in jail for not paying C/S some people are dead beats, no way around it but putting them in jail sure isn't going to get them a job, it'll probably prevent them from getting one or losing it.
12/29/2010 10:51:53 AM EDT
[#35]
Now that we've got the ball rolling I'd like to point out that it wasn't always this way, but it is this way now because it's the "Law".

Laws get written and passed by Senators and Representatives.

How many here have routinely flamed their Senator's and Representative's ass over the sorry state of child custody and child support in this great country of ours?
12/29/2010 11:01:13 AM EDT
[#36]
Quoted:
The child support people are not there to be fair or to help you. They will in fact, be as unhelpful as humanly possible. they will talk to you like a dog, simply because you want information.

KNOW that and understand that.

Keep METICULOUS records of everything!!!!!

I repeat, KEEP METICULOUS RECORDS OF EVERYTHING!

Pay only with check and keep all of your checks and records!!

Start a notebook where you record everything and SAVE EVERY RECEIPT!!!! If you buy your child a pair of shoes or a t-shirt, keep the receipt and record it in your records!!!!!

Everytime the mother does anything wrong, record name/date/time/what happened, in your records. be VERY detailed.

If you ever go to court, take all records and receipts to court with you!




This.  You must help yourself because there ain't much help otherwise.
12/29/2010 11:26:13 AM EDT
[#37]
Quoted:
Quoted:
The child support people are not there to be fair or to help you. They will in fact, be as unhelpful as humanly possible. they will talk to you like a dog, simply because you want information.

KNOW that and understand that.

Keep METICULOUS records of everything!!!!!

I repeat, KEEP METICULOUS RECORDS OF EVERYTHING!

Pay only with check and keep all of your checks and records!!

Start a notebook where you record everything and SAVE EVERY RECEIPT!!!! If you buy your child a pair of shoes or a t-shirt, keep the receipt and record it in your records!!!!!

Everytime the mother does anything wrong, record name/date/time/what happened, in your records. be VERY detailed.

If you ever go to court, take all records and receipts to court with you!




This.  You must help yourself because there ain't much help otherwise.


Amen, about 10 years ago my vindictive ex-wife who opted out of the marriage while seeing someone else was making less money than I was.   She had bounced from job to job while I remained at my present employer and continued to fare well.   Despite having joint custody of our 4 year old.....she filed child support to get what was "due" to her.   I was called to report to child support where I quickly began to see how one -sided the system is, particularly against fathers.   The agent looked up my tax records, income etc but never once confirmed the income status of my ex-wife.   All of the talk circled around doing what was best for the child.   Not once was I asked for proof of support for my child, copies of checks for daycare, health insurance payments etc.   One their office wall was a chart indicating their desired and actual compliance numbers, pretty clear the push was on to convince "violators" to pay up.   I told the agent politely to file what paperwork she needed to file but I was not paying a cent without an attorney.   I contacted one that same day.............best move I ever made.    We filed for custody and I began documenting every letter, note, phone call, etc etc etc.  

Since custody was in question and never legally established the court had no means to determine child support until custody could be determined.   I filed for sole custody based on her job history, history of moving residences repeatedly, a DWI arrest.....meticulous notes of every missed appointment, soccer game....late picking him up.....late dropping him off.   I was awarded sole custody and told her not to screw with me anymore or I would go to child support and file against her.   She has been quite pleasant over the last 10 years......

I see so many fathers fold and write the checks and I hate it for them........to me the bottom line is being told to pay child support is no differant than being accused of being a dead beat Dad.......anyone who would accuse me of not supporting my child would either apologize or get stomped in the ground.   Since you can't physically fight the system, you have to go the legal route.   In the aftermath I filed complaints on both Child Support agents I dealt with and their supervisor.  

...and to think at one time I believed the hype about Child Support....I locked up alot of guys for failure to pay.....my view was they were deadbeats who didn't give a crap about their kids.   There are some but quite truthfully the system is very corrupt.    

12/29/2010 12:38:57 PM EDT
[#38]
Another thing you guys should watch for is taxes. You don't get any deduction for it nor does the parent who receives it has to file taxes on it.
Also make sure when you get your divorce it's stated who get's to claim the child. The custodial parent can have the kid, get .gov assistant, work just long enough and file taxes and get EIC while the other parent who works a steady 40hr job doesn't get the child credit or deduction.


The system is broken big time. State get's paid to make sure C/S is being paid.

My ex wife didn't have a job when we split, lawyer said we could do direct payments if the judge would sign off on it. I was cool with that. I was getting custody and that's all that I cared about. She hasn't paid a dime of it and it's only a few dollars a month. I could go to the C/S people and get it ran through the state and make her pay or do the jail time thing but in the end if she's not working, she's not working sending her to jail or collections isn't going to help me. I do what I do for our son and keep it moving. I won't lie though I did have the urge to be petty but in the end. Almost every time we talk she says me getting custody was the best thing, she knows our son when be taken care of.  Life goes on