HELP IMPORTANT: How does a court decide how much?

a father pays for child support? You see my sons father makes over a hundren grand a year, he says he will only be giving me 300 bucks a month.

I say its more like a 1000 as a friend I know who makes about 75 grand and year and pays 900 a month.

The father of my son is being a real asshole.

Update:

I am a SAHM also, for the last two years.

He didnt want me to work at all as he said he would pay the bills and I take care of the home.

Plus anytime I tried to get a job he made it hell.

Alsways thought things like I wanted to cheat at work on him...which I have never done.

He is a bitter man.

Update 2:

I live in canada.

13 Answers

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  • 1 decade ago
    Favorite Answer

    the judge decides by looking at the father's income and the mother's income. so take his booty to court. DO NOT TRY TO BARGAIN WITH HIM. just go to court.

  • 1 decade ago

    Different states have different requirements. This is what they do, they look at how much you make a month and then how much he makes a month. In many states the Father must pay 25% of his salary. Others it's 20%. To figure out how much you should get from him in your state you can go to google, enter the state you live and child support laws. They will give you your states and then you can look at what percentage your husband will have to pay. My ex makes six figures a year and it has taken me 14 years to finally get the state he lives in to go after him for back child support. He's furious because he has to show his tax returns for the past five years and his bank accounts. It's not based on how many bills he has or what he has to pay to anyone else, they base the amount or his salary and what you make and who makes more and then what the court feels is a fair middle. If you do not work or have a minimum paying job don't worry. If you don't have medical coverage at work, he will also have to carry your son on his medical plan. Now here is the thing you should look up. If you share custody and your son spends half of his time with his father meaning so many days your child support laws in your state will tell you what they consider part time and full time then he doesn't have to pay you anything. Really ! If the child spends so many days a month (which you must look up) then he doesn't pay anything. This is why so many fight for custody and equal visitation. When this happens a Father and/or Mother whom ever makes more doesn't have to pay child support. It's wise to look up the laws in your area. Hope this helps.

  • 1 decade ago

    Yes, the court will decide solely based on his income and his living expenses. Sometimes the living expenses doesn't even factor into it, thus some men go broke trying to pay child support, lol. Tell him tough cookies, he will definetly end up paying more than 300 a month if he makes that much a year. My best friend gets 348 a month in child support, and her ex husband only makes about 31,000 a year. Hope that helps! Goodluck!

    Source(s): :)
  • Anonymous
    1 decade ago

    using the online calculator for your state is a good idea but it does not take all factors into consideration . . you will have to let domestic relations take care of that . . file for support at your county courthouse and let them determine the amount . . they will look at his income and yours . . be prepared to present your tax returns/pay stubs for the past year . . not every case is the same so don't rely on someone else telling you that "they get this much" . . you can also see an attorney to go over the information and give you a rough estimate of what the order of court may be . . without knowing his approximate figures, it will only be a guess

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  • D
    Lv 4
    1 decade ago

    Child support, no matter what state, is based upon the income he earns and the going rate in the state. He is required to file with the Court his income statement and the Court applies a percentage of that for him to pay for support.

    But it depends on what year the child was born, what your earning capacity might be (I'm not sure about all states), and the like. If you make more money than he does, then you might owe him child support. It happens.

  • 1 decade ago

    They go by both u and his income then they take that and figure it out. {Not sure what they do} But 300 a month sounds about right. But if u don't think that is right go back 2 child support and tell them. After 3 yrs. u can take it back to court and raise it. Good luck

  • 1 decade ago

    Then take it to court. the court decides how much if anything will be award . they judge how much they give by how much your sons father makes . Either he is willing to pay it or not they will take it out of his paychecks if he tries working under the table they will take away his passport his drivers license.. he is lying they would only give you 300 if he made say around 3,000-4,500 a month. Good luck file the paper work ASAP

    Source(s): Real life Experince
  • 1 decade ago

    He will have to show proof of income to the court and it is 15% of all income before taxes. That is the percent in Mississippi. Check your state. All you have to do is call a local divorce attorney and they can tell you.

  • 1 decade ago

    Look online for a child support calculator for your state....ususally I think it is about 33% of the gross....

    When my husband and I were seperated he did the same thing. Remember they are not obligated to give you ANYTHING until you have it in writing from the court. Men are such A$$es.

  • 1 decade ago

    I believe it is a certain percentage of income per child. Good luck!!

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