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CHILD SUPPORT SAVINGS CO.
A PROFESSIONAL CORPORATION
Lower your support and make sure your money is actually being spent on your children once you master simple techniques that anyone can learn!
Stop losing out the “X” on child support and use our powerful strategies that gain equal rights in an unfair court system. - Guaranteed! If you think you are paying too much in child support, you probably are. If you are a non-custodial parent paying child support, you’re in the right place. If you are paying unreasonable child support you are the victim of one of the most intrusive as well as biased aspects of family law today.
You must be tired!
Tired of being portrayed by the media and the courts as a “Deadbeat” and
viewed as nothing more than a check.
Tired of unfair, biased support calculations and inflated wage assignments the
courts call judgments.
Tired of being required to account for any and all income received but
watching as absolutely no accountability of how money is spent by the custodial parent.
Tired of being afraid to get a promotion or raise at work because inevitably
that will mean more will be withheld form your paycheck.
Tired of felling like a helpless victim of unfair and partial child support
legislation with no end in sight.
We are too!
Don’t let family and friends tell you that you’re screwed, and that custodial parents have the upper hand. You still have rights and can write your own ticket in this unfair system.
The purpose of this is to inform and educate non-custodial parents paying child support, how to protect yourself against unfair and inflated judgments and offer a guide to minimize child support payments. No one denies that a non-custodial parent has a duty to support his or her children. This is not advocating the non-payment of child support or approves of anyone who tries to elude his or her obligation. We are law-abiding parents who love their children but through unfortunate circumstance have been cast into a nightmare of a child support system that has been in desperate need of an overhaul. A support system that is at best unfair, and at worst unconstitutional. Make no mistake about child support collections, its big business. It is in the public agencies best interest to collect as much as possible from non-custodial parents because the funding they receive is directly proportional to the amounts they collect. Private companies have made child support collection a million dollar a year industry. With this “take em to the cleaners” philosophy by the public and private sector, coupled with a very dim view held by the media and the courts toward non-custodial, a parent does not stand much of a chance against over the inflated judgments waged upon them. The non-custodial parent is held accountable for where they are employed, where they live, and any and all income. The custodial parent is held accountable for nothing. According to the law, the court must presume that the custodial parent is supporting the child. The custodial parent receives money on behalf of the child. If child support money is used to pay for a new house or car shouldn’t the child have equity, or be named on the deed or title? By keeping support payments at a minimum a non-custodial parent can make direct purchases of food, clothing and services for the children. Until legislators step in, (which may take years) non-custodial parents will continue to feel helpless, depressed and powerless in light of unfair and inflated support judgments against them. Now don’t get us wrong – we are not advocating an avoidance of paying your responsibility, but we do believe that in many circumstances these “child support” payments tend to become “mother and boyfriend support” payments. Only you can be the judge of that and whether this is a good option for you to pursue.
000 per month in child support for one child. insurance and child care issues. 2. (and perhaps learned the hard way!) By the way .com is a source of support and information for the man or woman facing separation from their children including support.Here are the choices: 1. (well and maybe the mother too) Ouch! .Shawn Combs aka Puff Daddy is currently paying over $30.com. Meanwhile living a substandard quality of living than you’re entitled to. Aside from being ludicrous. this will negatively impact the child. Childsupportsavings. arrearages simply add up plus lead to incarceration. Continue to pay grossly inflated support payments hoping someday legislation will change. Educate and protect yourself by learning techniques from child support savings. This is a rough new road ahead and you can benefit from the experience of those who have gone before you. 3. In addition. Simply do not pay or flee. with this type of irresponsible action.
H. Census Bureau has reported that fathers with joint custody pay 90. 1988) . (Source: U. special report.S. fathers with limited visitation rights pay 79. of justice. (Source: Center for Disease Control) 80% of rapist motivated with displaced anger come from fatherless homes.5% of those fathers with no visitation rights still financially support their children. Dept.. (Source: Rainbows for all Gods children) 70% of juveniles in state-operated institutions come from fatherless homes. 25% of custodial mothers do not receive child support because the father is unable to pay. D. Vol 14. Sept.1%. 85% of all children that exhibit behavioral disorders come from fatherless homes.FACTS The U. 63% of youth suicides are often from fatherless homes. Bureau of the Census) 90% of all homeless and runaway children are from fatherless homes.K. 30% of custodial mothers not receiving child support have never asked for or do not want child support.S.2% of all child support ordered. 1978) 71% of all high school dropouts come from fatherless homes. (Source: Criminal Justice & Behavior.S. (Source: U.S. 11% of custodial mothers not receiving child support do not have a child support order. (Source: National Principals Association Report on the State of High Schools) 75% of all adolescent patients in chemical abuse centers come from fatherless homes. p-403-26. 20% of custodial mothers not receiving child support have made other financial arrangements with the father. and 44. Of ten million custodial mothers only 7% (one out of fourteen) do not receive child support because of a deadbeat dad.
9 times more likely to end up in a state-operated institution. and the court makes written findings on the record that the application of the support chart would be unjust and inappropriate. the following percentages are used: • • • • • • One dependent: 15% Two dependents: 21% Three dependents: 25% Four dependents: 28% Five dependents: 30% Six dependents: 32% The state child support guidelines will be used by the court to determine the child support payments unless this amount is determined to be unjust. These guidelines are designed to be in the best interests of the child. the nature of the case. 32 times more likely to run away. The decision by the courts to order a reasonable amount of child support are based on the following factors: • • the circumstances of the parents and the child. At what age does child support payments end? Generally. the obligation ends when the child reaches 18 years of age or the child graduates from high school.These facts translate to mean that children from a fatherless home are: • • • • • • • • 5 times more likely to commit suicide. 14 times more likely to commit rape. A child will also . Arkansas has official child support guidelines that determine child support paid based on the parent’s income and other financial factors. 9 times more likely to drop out of high school. 10 times more likely to abuse chemical substances. How is Arkansas child support determined? In Arkansas. When the payer’s income exceeds that on the state guideline chart. 20 times more likely to have behavioral disorders. either parent may be ordered to provide child support. whichever occurs later. 20 times more likely to end up in prison.
as well as the following factors: • • • • the circumstances of the parents and the child the nature of the case which parent is most likely to allow frequent and continuing contact with the other parent and any acts of domestic violence Joint custody may be awarded if it is found to be in the best interests of the child. A court may issue an income deduction order to insure that the required health care coverage is being provided for the children of the parties. this parent is subject to income withholding for the health care coverage in Arkansas.automatically be ineligible for child support if that child marries. How permanent are the provisions for Arkansas child support and custody? As in most states. The court considers the welfare and the best interests of the child. If the non-custodial parent has been ordered by the court to pay medical support or to maintain health care coverage. Once activated. Arkansas's medical insurance guidelines: Generally. the decision will be made without regard to the sex of the parent. or the child dies. a determination about who is going to provide medical health care insurance for the children and how uninsured medical bills will be paid is part of the marital settlement agreement set out in the divorce process. There is a standard medical order which requires both parents to carry medical insurance at their place of employment if it is available at a reasonable cost. court orders providing for support and custody of children are subject to modification after a divorce if there is a substantial change in . each party is required to pay half of the medical expenses of the minor child not covered by the insurance. income withholding shall apply to current and subsequent periods of employment. is removed from disability status by a court order. Arkansas's custody guidelines: When it comes to awarding child custody in Arkansas. The income withholding order will become effective as soon as the child or children are enrolled in a health insurance coverage plan. Also under this order. income withholding for health care will have priority over all other legal processes against the earnings of the noncustodial parent except an income deduction order for child support. Furthermore.
it is then sent to the custodial parent. In Arkansas. While all orders concerning the children are modifiable in the future. such as a significant increase or decrease in income. How does joint custody work? In Arkansas. In fact. While it is a 50-50 sharing of responsibilities and major decisions affecting the children. joint custody is a form of custody of minor children that requires both parents to share the responsibilities of the children. joint or shared custody may be awarded if the court determines it is in the best interests of the child. we encourage you to not enter into an agreement based on the idea that it can always be changed or modified later. Wage garnishment for child support payments: Yes. The primary joint custodian typically retains the decision making power to determine the child’s primary residence and school and to designate things such as the child’s primary physician. The way it typically works is. the criteria for a modified court order includes: • • both parents offer their consent for a modification there is a 20% or a $100 change per month in the payer’s gross income In Arkansas. The way money is withheld is very similar to the way income tax is withheld. and for both parents to approve all major decisions related to the children. once the support is withheld. it is then sent to the state agency authorized to receive and disburse payments. in Arkansas. Once it has been verified that the support was paid. it rarely works out to be a 50-50 sharing of time with the children. barring any good reason not to require immediate withholding. reviews of court orders occur once every 36 months from the date of the most recent order or the most recent review. all child support orders issued include a provision for immediate implementation of income withholding. Specifically.either of the parties’ circumstances. has a provision for withholding child support directly from the earnings of the parent who has been ordered to provide support. Almost every state. . Usually one parent is named as the primary joint custodian and the other parent is granted visitation. This way of paying and receiving child support is generally easier for both parties and considered a very dependable solution. including Arkansas.
As with most things in this life you seem to get what you pay for – consider this fact when choosing your counselor. For all cases after 1998. We don’t think so! Resources – There are a variety of local. you still have all the rights that go along with that provided you don’t give them away. We will provide you with contact information for these sources. life insurance and tax strategies. There is a 10% interest penalty applied to missed child support payments. A Solid Financial Plan – Yes a real budget but much more than that doing your homework on Insurance. medical savings accounts. You can’t afford to be one of those people. the custodial parent still has 10 years to collect those missed payments if the cases is prior to 1998. but you will most likely need a lawyer to help protect your parental rights. A Lawyer – hate to tell you. D. Essentials for dealing with your new situation A. however. has visitation rights every other weekend and for several weeks in the summer. With a complete plan – the initial stress you are probably feeling can be significantly reduced. Is there a statute of limitations on collecting unpaid child support? Yes. state and federal agencies that are available to help you with a wide array of related issues. no interest payments applied to retroactive child support.How Arkansas determines child visitation: The state guidelines assume that the non-custodial parent or the parent who is not the primary joint custodian. interest is applied. B. A good lawyer is key in helping you do this. There are. There is also a 10% interest penalty applied to adjudicated arrearage – in other words. Knowledge of the Topic – knowledge is power! Knowing your rights gives you a position of equal power (not a lesser than parent who is only wanted for Cash!) This will be an ongoing thing in your life for up to 18 or possibly more years. . C. Is there any interest applied to unpaid child support in Arkansas? In some instances. In other words. the custodial parent only has five years. prior to 1998 the statute of limitations was 10 years. THAT’S RIGHT – YOU STILL HAVE RIGHTS!! Besides the obligation to pay support. They are free – might as well use them. past due child support payments for which there was a court order. It is true that people have been arrested and put in jail for failing to pay the court ordered support. can you afford (literally) to be uninformed and just follow the crowd. In 1998 a change was made to the statute lowering it to 5 years. and was not retroactive.
and Mutual Funds).) 1. Individual insurance policy State Coverage (many states have an umbrella type of child coverage) Child Care (day care) Expenses – Are you required to provide $ for it? 1. Insurance for the Child – Are you required to provide it? 1. Who is providing this care for your child…you have a right to some input regarding who this is. 3. Life Insurance on you with the child as beneficiary. Individual life insurance policy. If you have joint custody typically it means that you get to make these decisions. Stocks. College Funding – Are you required to pay for it by court order and if so how much a month or year and into what type of investment? (If there are any restrictions on what type of investment product – it will say in the court order. 2. Employer sponsored life insurance plan. 2. Bonds. Know what you are required to do and for how long! A. after all you are contributing the $. Company sponsored health plan where you work. D. 3. B. . Probably your cheapest option – term coverage. UGMA / UTMA Account – Listed in the child’s name and turned over to them at majority age. Now you can still choose the type of investment vehicle inside this UGMA account (CD’s.FINANCIAL CONSIDERATIONS These are typical components on most court ordered support documents…your case may not require all of these. Is it a % of the total childcare expenses? How is this $ verified to the court? Hopefully cancelled checks will be provided so you can know this is actually being paid. Are you ordered to provide this? If not – do you want to anyway? Probably a very good idea. 2. C. 1. It’s not some unemployed relative who is claiming to be paid $1500 / month is it?? It happens all the time.
however at the end of the year you normally get a refund – guess what? YOU WILL GET ALL THAT MONEY BACK! So why would you want to delay getting this money until tax time? Because it will SIGNIFICANTLY REDUCE YOUR “NET” income. Deductions for Health Insurance 3. You can specify an additional amount that you can handle to be withheld from your check or about 20% of your gross income to be applied to taxes. social and how many dependents you are allowed to claim. Deductions for Retirement Plans 2.CHILD SUPPORT PAYMENTS – YOU ARE REQUIRED TO MAKE THESE! No doubt about it. This varies dramatically state by state. Deductions for Taxes What is left is your NET check amount. Make sure you are familiar with the process of payment. There is also another box (line 6) on this form where you are asked “is there an additional amount that you would like to withhold from your check for taxes?” Nobody ever does this right? Wrong! NOW IS THIS TIME!!! You can submit a new W–4 form to your employer at any time and they have them on hand. which is. Under current law it is totally legal and you cannot be penalized for adding an additional withhold amount on your W–4. Next page is an example… . Check your specific state to see if you can use retirement plans contributions to reduce your net check. Not all states include retirement plan contributions as an eligible deduction. * NOT MANY PEOPLE KNOW THIS! * When you started your job way back whenever – you completed an IRS W–4 form that listed your name. Your tax allowances and withholding can be changed as often as needed by law with your employer. address. what your child support payment % is based on. You are required to pay a percentage of your net (after tax) paycheck… The NET amount is the key! Three things affect your gross and net check amounts: 1.
The key to lowering your child support payment is to have the most deductions possible on your paycheck. after taking out these deductions. as well as change your tax allowances and deductions back to what they were originally. We know this is a lot less money than you are used to making. This is not an ongoing process of checking what you are currently making for your child support payment percentage. This will bring you back to what you were making originally and your paycheck amount will be back to what it was before your child custody and support case. The good news is that this is just temporary.Your child support payment is based on your NET PAY dollar amount on your pay stub. You can then reduce your heath insurance and 401K plans. 401K plans. You then will be back to your original paycheck dollar amount and comfort of what you are used to making. these deductions can be changed back to your original level. Taking out your work-sponsored health insurance on yourself and your children. Taking out all these deductions will usually drop your net pay by half. . only short term through your child custody and support case. The court’s calculation for deciding the child support payment amount is a 1 time finding during your court case based on your pay stub. Once your child custody and support case is over and your court dates are done. and the most taxes possible with additional withholding is what will lower your net pay.
rearrange your compensation so that you are paid less. bonuses.Invest in tax shelters. which could be years away. The tax losses can also serve to reduce your income for child support purposes. The basic structure of a tax shelter is that the tax benefits from the losses outweigh your investment.GROSS INCOME STATE CALCULATIONS These are some ways to lower your gross income for your states calculation. compensation income generally includes your wages. Does the company you work for provide products and or services that could be useful to you? Request your employer to change the way you are paid to get company services or products. Rearranging your salary 1. . But the following items don't count as compensation income: The following items may not be included in your compensation income: ! ! ! ! Investment income such as dividends and interest Pension or annuity income Deferred compensation (payments postponed from a prior year) Any form of income that's not taxable (such as foreign earned income and housing allowance that are excluded from income) The key to lowering your gross income is to change the way you are paid as an employee. and lower you hourly or salary rate in place of these discounts for company. 2. tips. Think of ways you can be compensated than your normal pay through your weekly paycheck. but also receive stock options. Tell your boss you would prefer fringe benefits increases over raises in pay. Stock options .Instead of earning a straight salary. salaries. commissions and similar amounts. Amounts Earned as an Employee If you work as an employee. Stock options are only considered income when exercised. A. Tax shelters .
Some states start with gross. C) Rent from your spouse Consider renting your home office space. . this will include: health insurance. 2.LOWERING YOUR INCOME All child support awards are based on income. this won’t work unless you have a pre-nuptial agreement signed before your marriage. This will give you the additional benefit that rental income is not subject to social security taxes. If you are a commission salesman. the same as you would have to pay any other employee. To lower your net income you need take all deductions possible. child support. Company sponsored health plans should be taken out on you and all children. of course. you can pay a reasonable amount of rent on the property! D) Let your spouse do the saving Spend your income and let your new spouse save hers put the earned interest into her separate bank accounts. In some states. consider putting your kids on the payroll for odd jobs or your new spouse as manager. If you are self-employed. some with net after taxes and allowed adjustments. A) Paycheck deductions. Pay your spouse well. and taxes. The salaries paid lower your net income and thus. This opens may opportunities and possibilities to shift income to a friend who actually participates in the sale. shop. The best way to lower your child support is to lower your income by one or more of the following methods. saving about 20% of your earnings and. vehicles or equipment form your new spouse or your parents. Some states also allow up to 10% of your income into retirement plans as a deduction towards your net income. retirement plans. B) Income shifting 1. Claim all allowances on your W-4 form and take an additional amount out towards taxes. ask your boss if a friend could have a sales contract and help with sales.
the more time you spend with the children the less child support you will pay. . The higher the percentage of non-custodial time-share. This percentage is calculated by taking the number of nights the children spend with the non-custodial parent during the year and dividing that number by 365. Use one charge card to pay for all medical expenses not covered by insurance and essentials bought for the children and pay the bill off monthly until child support litigation is over. See your accountant about paying with a charge card to get the full deduction immediately plus increasing your monthly debt (lowers your income). defer increases of income or commission receipts until after any determination of support and use Section 179 of the IRS Code to the maximum extent possible to lower your income immediately (deductions for business equipment purchases). If you increase your custody and visitation to a higher or an equal amount this may reduce your support payments by the amount of increased time-share. accelerate deductions When possible. LOWERING SUPPORT WITH VISITATION TIME The percentage of time that children spend with the non-custodial parent can lower support with increased visitation. and holidays is equal to about 20% visitation time. the lower the support payment will be made to the custodial parent. This will normally be allowed to reduce your monthly income when computing child support percentage based awards. vacation time. F) G) Tell your boss you would prefer fringe benefits increases over raises in pay. A standard visitation order with every other weekend.E) Defer income. Generally.
Child support does not automatically stop or become modified because of injury. Since child support is the child’s. petition to modify (lower) your child support immediately. because only he protects the child’s right to child support. Only a judge can agree to lower your support. after your income increases. The support can only be changed back to the date of the filing. You will be held liable for the unmodified level when your ex goes after you for back support later. These payments are often very substantial and can in many cases wipe out the child support obligation completely. A verbal or written agreement between you and your ex is worthless.REDUCING CHILD SUPPORT WITH SSI If your children are disabled and eligible for SSI (even just with learning or attention problems). loss of job or any other reason if you are unable to pay support. any changes made by the court will be retroactive to the date you filed the court action. not your ex’s she cannot agree to lower your support. She can agree to a stipulated order for a judge to sign lowering your support. MODIFICATION OF CHILD SUPPORT If your income drops. . your child support may be reduced by the amount of SSI payments. You must file modification paperwork and make the court aware of your new changed circumstances. if you don’t have a court order lowering your support. The next page is the form you will use to file a motion for modification of child support.
PETITION FOR MODIFICATION OF CHILD SUPPORT 1.   The previous order was entered more than two years ago and there has been a change in the income of the parents.3 MOST RECENT SUPPORT ORDER.2 JURISDICTION OVER PARENTS.    There is a ___________ Order of Child Support.1 PLACE OF RESIDENCE. Other: 1. This court has jurisdiction over the parents for the reasons that follow. The order of child support should be modified for the following reasons. The petitioner resides in ____________________________________________ The child(ren) reside(s) in __________________________________________ The respondent resides in ___________________________________________ [County and State]. Both parties presently reside in the state of ___________. Petitioner. BASIS ___________________________________________ [Name] represents to the court that: 1. [County and State]. and Respondent. [County and State]. . The order requires ___________________________________ [Name] to pay $________ per month for the support of (list name(s) of the child(ren): 1. ___________________________________ [Name of child] is in need of post secondary educational support because the child is in fact dependent and is relying upon the parents for the reasonable necessities of life.4 REASONS FOR MODIFYING CHILD SUPPORT. I. The most recent support order was entered in __________________________ [County and State] on ___________________________________ [Date].SUPERIOR COURT OF ARKANSAS COUNTY OF _____________________ In re: CASE NO.
RELIEF REQUESTED The court should modify the order of child support by requiring either or both parents to maintain or provide health insurance coverage consistent with __________ for the child(ren).  The action was commenced by _______ for a child who is receiving public assistance money and modification pursuant to ___________ is appropriate. An automatic adjustment of support should be added consistent with ____. The child has moved to a new age category for support purposes. A copy of the child support worksheet is filed with this action. Either or both parents should be required to maintain or provide health insurance coverage consistent with ___________.5 STARTING DATE OF MODIFIED ORDER. and by:  ordering child support payments which are based upon the __________ State Child Support Schedule. if not previously ordered.6 II. There has been the following substantial change of circumstances since the order was entered (explain): Other: 1. OTHER: 1. .  Does not apply. ___________________________________ [Name of child] is a dependent adult child and support should be extended beyond his or her 18th birthday.  The previous order was entered by default.  The previous order was entered more than a year ago and:        The order works a severe economic hardship. The child is still in high school and there is a need to extend support beyond the child’s 18th birthday to allow the child to complete high school.  The starting date of the modified child support order should be the date on which this petition is filed.
other: [Name of child]. ordering the payment of long distance transportation expenses. Dated: Signature Print or Type Name I declare under penalty of perjury under the laws of the state of ________ that the foregoing is true and correct. awarding the tax exemption for the children as follows: ordering the payment of attorney’s fees and costs. Signature Print or Type Name . requiring a periodic adjustment of support. allowing for post secondary educational support for _______________________ ordering the payment of day care. extending child support beyond ___________________________________’s [Name of child] 18th birthday until (he) (she) is no longer dependent upon either or both parents and is capable of self-support. ordering payment of underpaid child support since the date of filing this petition or entering judgment in that amount. ordering the payment of educational expenses. ordering the payment of uncovered health care expenses. Signed at ______________________________ [City and State] on ____________________ [Date].             ordering repayment or credit for overpaid child support since the date of filing this petition. extending child support beyond ___________________________________’s [Name of child] 18th birthday to allow the child to complete high school.
7. Monthly Net Income (line 1f minus 2h) 4. Monthly Deductions from Gross Income a. Business Income d. Number of children: ________. Basic Child Support Obligation (enter total amount in box -------→) Child #1__________________ Child #3 6. Skip to line 15a and enter this Father $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Mother $ Father . Be sure to list all expenses possible and request a special low income range calculation for your case. Mother . Normal Business Expenses h. Wages and Salaries b. Income Taxes (Federal and State) b. Total Gross Monthly Income (add lines 1a through 1e) 2. $ $ . Children and Ages: Part I: Basic Child Support Obligation 1.CHILD SUPPORT WORKSHEET This is the component of declaring your expenses for your income. Spousal Maintenance Paid g. skip to line 7. Mandatory Union/Professional Dues e.Sec. Proportional Share of Income (each parent’s net income from line 3 divided by line 4) Each Parent’s Basic Child Support Obligation (multiply each number on line 6 by line 5) (If combined net monthly income on line 4 is less than $___. Pension Plan Payments f. Spousal Maintenance Received e.) 5. This will help you show undue financial hardship caused by the child support payments and can be presented to the court to receive a lower payment. enter each parent’s support obligation of $___ per child. Interest and Dividend Income c. Total Deductions from Gross Income (add lines 2a through 2g) 3.+Medicare)/Self-Employment Taxes c. Combined Monthly Net Income (add father’s and mother’s monthly net incomes from line 3) (If combined monthly net income is less than $___. State Industrial Insurance Deductions d. FICA (Soc. Gross Monthly Income a. Other Income f.
05) f. Gross Child Support Obligation (line 7 plus line 12) Part IV: Child Support Credits 14. Uninsured Monthly Health Care Expenses Paid for $ Child(ren) c. Total Day Care and Special Expenses $ (Add lines 9a through 9d) 10. Monthly Health Care Expenses Credit b. Day Care and Special Expenses Credit c. Total Monthly Health Care Expenses $ (line 8a plus line 8b) d. Extraordinary Monthly Health Care Expenses (line 8d minus line 8e. Day Care. $ $ Father $ $ $ Mother $ . Skip to Part VI. Education Expenses $ c. Day Care and Special Child Rearing Expenses $ a. enter “0”) 9. Monthly Health Insurance Premiums Paid for Child(ren) b. if “0” or negative. Other Ordinary Expenses Credit (describe) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ d. Maximum Ordinary Monthly Health Care (multiply line 5 times . and Special Expenses (multiply each number on line 6 by line 11) Part III: Gross Child Support Obligation 13. Combined Monthly Health Care Expenses (add father’s and mother’s totals from line 8c) e. Total Support Credits (add lines 14a through 14c) Part V: Standard Calculation/Presumptive Transfer Payment 15.amount. Long Distance Transportation Expenses $ d. Child Support Credits a.) Part II: Health Care. Combined Monthly Total Day Care and Special Expenses (add father’s and mother’s day care and special expenses from line 9e) 11. Day Care.. Health Care Expenses $ a. Other Special Expenses (describe) $ $ e. Each Parent’s Obligation for Extraordinary Health Care. Day Care. Total Extraordinary Health Care. and Special Child Rearing Expenses 8. Day Care Expenses $ b. Amount from line 7 if line 4 is below $___. Standard Calculation a. and Special Expenses (line 8f plus line 10) 12.
Vehicles d. Line 13 minus line 14d. if line 4 is over $___ (see below if appl. Boats e. Household Assets (List the estimated present value of all major household assets.) $ $ Limitation standards adjustments c. Pensions/IRAs/Bank Accounts f. Income Of Other Adults In Household Name _________________________________________________ Name _________________________________________________ $ $ $ $ . extraordinary debt. Insurance Plans h. Amount on line 15b adjusted to meet need standard limitation e. Income Of Current Spouse (if not the other parent of this action) $ $ $ $ $ $ $ $ $ Name _________________________________________________ Name _________________________________________________ b. Household Debt (List liens against household assets. Cash g. 15c or 15d: Part VI: Additional Factors for Consideration 16.) $ $ $ $ $ 18. Enter the lowest amount of lines 15b. Real Estate b. Amount on line 15b adjusted to meet a % of net income limitation d. Stocks and Bonds c.b. Other Household Income a.) a. Other (describe) $ $ $ Father’s Household $ $ $ $ $ $ $ $ $ $ $ $ $ Mother’s Household $ $ $ $ $ $ $ $ $ $ 17.
If this is a child support case. present the agreement to the clerk. State what was previously ordered and what has substantially changed. an increase in child support. . Listen to the judge's or magistrate's instructions when he/she opens the court. you may be able to get one from the court clerk). After the witnesses have testified. The other side will be allowed to present its case after you are finished presenting your case. Try to talk to a Family Services Officer or a Support Enforcement Officer as this person can help you with how things happen in that particular court. If you have an agreement. Often. At the end of the hearing. Be sure to ask this Officer when your case will be heard. When your case is called. This worksheet will show what the Guidelines say the child support order should be. And. you will speak before the other side in your case speaks since you made the motion to change the court order. You will probably be given the chance to speak first. but your questions should relate only to what they testified about. tell the Officer if you and the other party have or have not reached an agreement. the judge may allow both sides to make a short argument (that is. and give the reasons why. the judge will say. The judge will probably require that you be "sworn in" (take an oath to tell the truth) before you testify. You also have a right to testify again to rebut what was said. for example. State what you are seeking. Give your side of the story slowly and completely. briefly say why the order should be changed). tell the judge how you calculated child support on the worksheet and the reason for the child support order to be raised or lowered. say your name for the court reporter. Stay on the specific issues raised in your motion. The other side will have the right to ask you questions (cross-examination). Be specific about how much more you want the other party to pay or how much less you are able to pay. the clerk will send you a copy of the court's decision which will have the judge's orders. If you do not hear from the court in a few days. (If you don't have a worksheet. though.PRESENTING YOUR CASE IN COURT Get to the court about a half hour before your court hearing time. The judge may lose patience if you go on too long. If this is a child support case. Never argue with a witness. If you have not reached an agreement. You will have the right to cross-examine the other party and his/her witnesses." which means a decision will be made later. "I'll take the papers. Try to stay to the facts. In that case. you will need to fill out a worksheet from the Child Support Guidelines. the judge may make a ruling "from the bench" (right then and there). call the clerk and ask about the case. Be polite and respectful of the judge and the other side.
SAFEGUARDING YOUR ASSETS If possible. The SAFEGUARD system is one of several available systems that works well. Keep track of all money spent on your children with ledger entries. PROVING CHILD SUPPORT PAYMENTS Ensure that all of your child support payments be paid through the circuit clerk of the court. if a non-working parent had a job prior to not working. The trusts could be arranged to benefit your children. Explore possibilities of setting up corporations or trusts to hold property. The working non-custodial parent can then ask the court to evaluate the other person’s ability to work. The clerk maintains computerized records which will prevent your ex from “forgetting” you paid support.MY EX SAYS THEY HAVE NO JOB OR INCOME What can be done when your ex claims they have no job or source of income? This is important because this you will cause you to pay a higher percentage of the support based on both parties income together. There is something that can be done about this. As long as there are no physical or mental disabilities that would not allow that parent to work. Invest in a “one-write” checking system that automatically creates a carbon copy entry onto the check register. Child support law guidelines have an “imputed income rule” that applies to those who have a support obligation but do not have a job or source of income. ALWAYS pay by check! . Basically. After completing an employment evaluation and discovering that the custodial parent is capable of working the court can impute an income to that person based on their earning capacity from their previous job. the court expects a parent to find employment. that hourly rate of pay they had previously made will be said that they have the ability to make that same amount of income. don’t own anything. This evaluation must be specifically requested at the time of the court case or by a separate motion. Your new spouse or parents or trusted advisor could own assets so that your ex will be discouraged from going after them.
See your employer to adjust your deductions with a W-4 form. The Child Support Enforcement people can and will levy the account if you owe any arrears. even if it is primarily held by your current spouse. and your SS# wouldn't figure in the picture. You should have a column heading to correspond to each expense claimed on your financial statement. The only thing that will work is to incorporate your business and then have all income payments made to the corporation (business to business). an invaluable aid when litigating child support awards and preparing budgets for the court. Save every check you write for child support or for items you buy for the children forever and keep a child support log on a monthly basis. without notice. The solution to this is to claim the maximum number of exemptions allowable. . PREVENTING SEIZURE OF YOUR TAX REFUND If you are found to be behind in child support. Make sure your spouse also takes the maximum exemptions if you are filing a joint return. calculate your quarterly payments carefully so as to eliminate overpayment without incurring underpayments penalties. basically cutting CSEA out of the loop. PROTECTING YOUR BANK ACCOUNT FROM SEIZURE Incorporating your business If you are subject to a wage garnishment order for child support arrears. you can count on your tax refund being taken each year. The corporation would then have a Tax ID. so that you are not overpaying your taxes (the only reason for a refund). your checking account can be seized at anytime. If you are selfemployed. A DBA bank account will not help you. This can cause extreme hardship.The one-write system will also provide you a simple way to prove how you spend your money. This would give you absolute control over your own income.
These local assistant State’s Attorneys or prosecutors are covered up with child support collection cases and will readily agree to low payments just to clear a case off the books. The best defense is a good offense. you might as well resolve all of your visitation and custody problems at the same court hearings and force her to pay for her attorney. The Federal Government encourages states to go after fathers by publishing collections hints. . It is of note that nowhere does the government give advice on enforcing visitation despite statistics proving that when visitation is given. after the father insisted that the full discovery process be completed before the hearing. Insist on your full legal rights to contest custody and support.000 in arrearages set up for repayment at $20 per month. support is usually paid. Custody must be determined first. Most out-of-state orders can be negotiated with your local State’s Attorney to a very low payment on nay arrearage. I have seen $30. Consider filing for custody if your ex is neglecting your children financially.FIGHTING OUT-OF-STATE SUPPORT ORDERS The issue of child support cannot be decided if the issue of custody is raised. Always file a counter-petition in response to any petition she files. If your ex is going to cause you to incur attorney fees.
HANDLING ARREARS AND BACK CHILD SUPPORT OWED There are two options for settling back child support owed arrears to a lowered amount. 1. Paying back support is best handled by making arrangements outside of court. If an agreement is reached it must then be written into an order to the court. The court is unconcerned with how back support owed is settled as long as both parties agree. Here is some of the basis for request for settlement of child support arrearage: The obligor is requesting the expungement of state-owed child support arrears that accrued during the period from ___________ to ____________ because he/she was unable to work and had no income due to: _______ incarcerated _______ physically or mentally disabled _______ change in custody to obligor _______ reunited and living with mother and children _______ other extreme hardship resulting in significant reduction in income The next page is the form you will use to file a motion for settlement of child support arrears. Try to make a deal with the other parent for re-payment. This program can eliminate interest and penalties for back child support owed. This applies even if they have requested the District Attorney to enforce the order. Then have the agreement entered into court as an agreed order and you can file this motion and the court and child support office will update their records to show the new balance for the arrears to the amount that was agreed to. You can also apply for the state’s compromise of arrears program. . 2. These offers for settlement could be for a lesser amount than are owed. As long as the parent who is receiving support is not on welfare they can accept any amount they want. To apply for this you must show that you were unable to make the child support payments and it is causing you undue financial hardship. This is a way of making a settlement offer to the state to reduce the total amount owed for back child support.
thereby accruing a child support arrearage owed to the state of Arkansas in the amount of $_____________. Defendant Address/Telephone # ________________________ Date . and the state of Arkansas. The obligor’s child support arrearage shall be adjusted to reflect a total arrearage owed as of ____________ (date) to the state of Arkansas in the amount of $__________.:________________ ) ) ) ) ) ) ) ) ) IN THE CIRCUIT COURT FOR _______________ COUNTY Court Case No. represented by the attorney for the ___________ County Office of Child Support Enforcement. Any arrears owed directly to the Plaintiff shall remain the responsibility of the Defendant.: Child Support Case STIPULATION OF SETTLEMENT/COMPROMISE OF STATE-OWED ARREARAGE The Defendant. hereby stipulate to the following: 1. ___________________________________ __________________________. That during the period from ____________ to _____________. The Defendant’s child support arrears owed to the state of Arkansas that were incurred during the period from _________ to _________ in the amount of $____________ shall be expunged. DEFENDANT’S NAME Defendant ______________________ No. 3. That the obligor’s failure to pay child support during the above period was due to __________________________________________________________________ __________________________________________________________________ .PLAINTIFF’S NAME Plaintiff v. 2. which payment was made on ________________. and 3. That the obligor has agreed as follows: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 2. In consideration of the above. the parties hereby agree as follows: 1. and owed to the Plaintiff in the amount of $_____________. the obligor failed to pay all or part of his court-ordered child support obligation. in consideration of the obligor’s payment of the sum of $_______. on his/her own behalf.
_________________________________ Support Enforcement Agent ______________ Office of Child Support Enforcement Address/Telephone # _______________________________ Attorney ____________________County Office of Child Support Enforcement Address Telephone # _____________________ Date CERTIFICATION OF CSEA I hereby certify that I have determined it to be in the best interests of the state of Alabama and of the child(ren) in this case that the Defendant’s child support arrearage be settled and expunged as specifically described in the above Stipulation of Settlement. ____________________________________ Child Support Enforcement Administration .
To litigate without discovery is almost illegal. There is however. I) Pay attention to your physical appearance. here are some helpful hints. IIIV) Do not volunteer any facts not requested. They are useful to keep the other party from changing their story or surprising you in court . II) Treat all people in the deposition room with respect. VI) Do not answer a question unless you have heard it and clearly understand it. V) Do not try to memorize your testimony. stop whatever answer you may be giving and allow him or her to make the statement. a distinction between a guess and an honest estimate. giving concise answers to the questions and stop talking. B. you have a right to determine her financial condition through a process called discovery. Anyone claiming child support must complete the time-consuming and expensive discovery process. If you are deposed. the party is put under oath and asked questions to determine what they are going to say in court. It is important that you make a good impression on the opposing counsel and the opposing party. III) Never state anything as a fact that you do not know. Depositions 1. Do not be afraid of lawyers. you should dress as if you were actually going to court. X) Never joke in a deposition. and after the deposition is over do not chat with the opponent or her attorney. Often. it would be unethical to insist on discovery simply to harass your opponent. Interrogatories Interrogatories are written questions submitted to a party that must be answered and returned. You should be clean and wear nice pants and a white buttondown collared shirt. Ask for the question to be repeated to think about your answer. the costs of depositions deter a party from pursuing claims. Discovery tactics: A. 2. You must pay attorneys and a court reporter. IX) Do not let the opposing attorney get you angry or excited. In a deposition. Depositions are expensive and time-consuming.DISCOVERY If your ex is attempting to increase your child support. Of course. VIII) If your attorney begins to speak. VII) Answer all questions directly.
Your employer will send the child support automatically to the court clerk. Requests to Produce These force the other side to produce records you need in court or records they intend to use against you. It is imperative that as soon as a child is born. there is no presumption that the mother will get custody if you chose to seek custody. most states now require an order of withholding be sent to your employer. often with the family portion of any unemployment benefits being designated as full child support. Some states. You must have a written and signed court order lowering your support. saving a lot of time and legal fees. . WITHHOLDING ORDERS If child support is awarded. If you are laid off and child support is temporarily interrupted. D. you can count on having to pay all back payments up to date when you get back to work. If you don’t get your child support lowered by the court. An agreement between you and your ex is meaningless. Remember. Requests to Admit These are sent to your ex to narrow the issues so you don’t have to prove everything in court. the father files a petition to determine paternity to establish future father’s rights.C. you must pay that amount each month and keep detailed records and receipts. however have attempted to limit unwed fathers rights while still requiring them to pay child support. Of course. UNWED FATHERS Unwed fathers are often held liable for birth and maternity expenses and usually held liable for payment of child support as if you were married. You will be granted your petition. even if you are currently living with the mother. you must either pay the payments yourself or immediately file a petition to modify (lower) child support.
The child’s money is being spent to adversely affect the child’s best interests. Child support should also be considered held in trust for use only to benefit the children. . Often. and a regular accounting to a court of money spent is a reasonable method of protecting children’s welfare. This is the only way fathers currently can be sure their money is being spent on their children.WASTE OF CHILD SUPPORT MONEY No one denies that a father has a duty to support his children. This must be changed! If child support is paying for property. Increasing amounts of child support money are being spent on drugs while children go hungry. there is no alternative left to fathers except to minimize or avoid (to the extent legally possible) payment of unreasonable child support. clothing and services for his children and for children alone. Drug abuse is a growing phenomenon among single parents. By keeping the ordered child support paid to ex spouse to a minimum. Current law states that when a guardian for a mentally incompetent person is appointed. The money is held in trust for the disabled person. Judges should be ever alert for this abuse and waste of children’s’ assets. child support money pays payments on an extravagant house or cars. the paying spouse can make direct purchases of food. which usually defined to be the maximum involvement of both parents in the child’s life. This problem will only worsen until legislators step in to protect the children from wasting of child support. yet the children own no equity in the property purchased with child support money. Child support money is often used to pay lawyers for litigation to reduce the father’s visitation or involvement with his child. However. The solution to these problems is legal consistency. that guardian must file a yearly report with the court detailing how every dime is spent and extraordinary expenses must be approved before the money is spent. it is incumbent on the person paying support to minimize the money he must pay directly to the ex. Since it is unlikely that legislators will have the guts to stand up to the organized militant feminists. the children’s names should be on the deed to the house or title to the car. not the ex spouse. laws pushed onto timid legislators by militant feminist have created an atmosphere of coercion requiring the father to pay child support without any requirement for the mother to account how the child support money is spent and without protecting the father’s visitation rights. If the legislators continue to refuse to provide accountability for spending of child support money or to enforce visitation rights.
By fighting awards in unreasonable child support. aggressive legal counsel. just making litigation an unpleasant and expensive battle may prevent the ex coming back the next time for more money. You are entitled to fully use the legal system and all of its procedures and protections. SAVE YOURSELF SOME MONEY!!! .CONCLUSION The foregoing ideas will enable you to fight unreasonable demands by litigating the support question to the same extent as any other issues litigated in court. You are entitled to use the system safeguards and due process safeguards to oppose her in any ethical way possible. If your ex has an attorney and you don’t you will almost certainly fail. a father in this way can ensure that at least some of his money is spent directly on his children’s best interests. Your ex is using the system against you. However. often given without any accounting protection to make sure the money is spent on the children. you will probably need competent. To prevail however.