Asked 7/31/2010
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Divorce issues My wife served me with papers for divorce today. my income the last two years have been bad. i just got started again selling insurance. right now it is slow. my income the last 3 months total has been about 500.00. on the other hand my wife has a job that she makes about 41,000 a year or more. she has a free car and gas. my question is she wants child support can i counter file. we are fileing for joint physical custody and our house is up for sale. its tuff i,ve always had good income up to the last two years which i,ve tried about everything but here in michigan things are real tough. since i am a self=employed insurance salesman i could not draw unemployment. i,m going to live with my father till i can get back on my feet. i don,t want to be a deadbeat but right now things are really tuff. i,m pretty sure i,ll wind up fileing bankrupsy for are credit card debt. |
Answer 1/7 - Submitted 8/1/2010
Answer 2/7 - Submitted 8/1/2010
If you are both in agreement regarding having joint physical custody, why is she asking for child support, especially considering her financial situation? It is quite possible that if the court grants such custody arrangement, no child support will be awarded, a point you should make and make strongly.
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Answer 3/7 - Submitted 8/1/2010
Untrue! Yes, you can motion anything you wish to counter motion. though just becuase custody is a joint agreement, this agreement does not absolve you, the father, your parential duty to not pay nor supprt your child with means of supprt from your net income.
Sole custody is the determination of reciever of child support. If you have sole custody you are the reciever of support, if she has it, she is the reciever.
Answer 5/7 - Submitted 8/1/2010
"It is quite possible that if the court grants such custody arrangement, no child support will be awarded, a point you should make and make strongly." ~ UNTRUE.
Joint custody does not absolve a father not to pay child support. He will still be assessed againsts his income and pay according to the guidlines by percentage of how many children where born through the union of marriage.
Be prepared to provide tax records, W-2's or 1099's and paystubs. A net income will be assessed, it will be calculated at 4.3 weeks.
If your income reflects of subpar unmarginable amounts, the judge may require you to start a Job search and have you record your submissions and present them with your efforts next appearance. Which is an embarrasing situation for anyone. " um excuse me mr. Business owner or manager could you sign this, so the courts know Iam actively seeking work." I feel your pain Sir... I have been down this road and still going through it with a crazy ex.
Answer 6/7 - Submitted 8/1/2010
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