Q: Does RECEIVED child support affect PAID child support?
I want to preface this with the fact I’m in the state of Missouri. I filed for child support through the state to my sons father. He put on his form14 that his income is $1100/month (Unemployment- he’s laid off cause of Covid) & left out the $1,700 a month in child support he receives for his other 2 children. (One mom pays $1,400 the other $300) I filled out the paperwork when I was also unemployed however I am back to work now & my daycare is $800 a month. The court is saying his child support is $153/month & I’m wondering if it’s even realistic to fight it. He COULD go get a job and he COULD earn more money but he doesn’t because he gets all the child support from the other 2. So now he’s a home owner with a brand new car while I’m 20 years younger than him struggling to take care of our 6 month old completely alone who he NEVER sees. I just think it’s ridiculous he gets $1400/month for 50% time while I get $153/month for 100% time. Please someone tell me if it doesn’t matter.
A:
Receipt of child support is not considered income to the party receiving it. That money is the contribution of the other parent toward the support of the other parents’ children. In fact, he gets a credit for the 3 other children in his household for his financial support for the children in his household.
Attributing minimum wage to an unemployed individual is the default for all states, unless it can be demonstrated to Court’s satisfaction by evidence of prior history of employment that he or she should be attributed more. The pandemic has made that difficult with many laid off from for such a long period of time.
Because his income is the determinative factor, using the numbers you provided suggests the Court had to deviate upwards to give you any child support at all, instead of what would normally be $0.00. This is based on application of a state’s minimum support guidelines for the parent, not including the children (adjusted gross income less 80% of the state’s minimum wage usually), which would have given a negative figure in your case.
Not the information you were hoping for, but hopefully useful in your decision whether to move forward or not.
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