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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88192
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex-husband is asking me to pay child support. This is our

Customer Question

My ex-husband is asking me to pay child support. This is our situation:

He has one of our sons living with him in Mississippi (16 years old).

I have our daughter (20) and her son (4) living with me. I also pay for her cell phone bill.

Our 20 year old son has moved out - but I still pay his Auto insurance and cell phone bills.

My ex-husband is now threatening to take me to court for child-support. I make decent money - but I also have decent bills (I even have a family member helping with the bills right now because I cannot afford them all).

Does he have a chance of making me pay child support? If so, how much would a judge in Mississippi (approximately, I know) make me pay?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Indeed he can. Whoever is the legal custodian parent can get child support from the other parent. For an estimate on how much, see here:http://www.alllaw.com/calculators/childsupport/mississippi/

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



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Customer: replied 4 years ago.
Relist: I didn't feel like this answer was worth the $. It was very 'generic'..
I didn't feel like this answer was worth the $. It was very 'generic'.
Expert:  Barrister replied 4 years ago.

Hello,

 

While the previous Expert's reply might not have been as personal as you would like, it is entirely correct and I would recommend clicking "Accept" on his answer.

 

The child support calculators are what the court uses in determining what amount is required.

 

thanks

Matt

Expert:  Ely replied 4 years ago.
Hello,I am sorry you felt my answer was generic. I can expand on any part if you'd like.
Customer: replied 4 years ago.

It was more my fault why your answer was generic - I would like to expand...I tried to edit my initial question but I couldn't. I apoligize for not just replying to you - this is my first time on here and honestly, I don't have an 'extra' $28 for an answer that I already had found online. Let me explain more why I wasn't satisfied (again - I just didn't give enough details, I believe).

 

We have two 20 year olds (one will be 21 this month) and a 16 year old. Our daughter (20) has a 4 year old son. Living situation:

 

Ex-Husband (in Mississippi) - has our 16 year old

Ex-Wife (in Missouri) - has the 20 year old and her 4 year old son

Our son that is almost 21 has been on his own for the most part - up until a couple of weeks ago, he would spend about 15% of his time at my home (staying with friends/boss's homes the rest of the time). Now he just comes to eat probably 40% of the time. I pay his truck insurance ($175/month) and his phone bill ($75/month).

 

I have agreed to send him $100/month toward our 16 year olds' auto insurance (which they have USAA - so it is cheaper than anything I could get for him); and I have agreed to pay 1/2 of his back to school clothes/supplies. When, actually - I can't afford any of it. My monthly take home is about $1550 and my basic bills (rent, utilities, cell phone for me/21 yr old son/daughter, Auto/Renters Insurance, and my car payment) total $1368. That leaves me just under $100 for everything else...food, fuel, sundries, etc.

 

So, with me supporting the 3 children/grandson here, I just don't see how I could be asked to pay him child support for one.

 

I am trying to figure out what my next step(s) should be...I obviously cannot afford to hire an attorney right now - I am considering selling plasma just to get enough to send him the money I have promised him.

 

My AGI last tax season was about $34,000. His AGI was around either $60,000 or $80,000 - I can't remember for certain, so to be conservative say $60,000 (I helped him with his taxes - that is how I know).

 

I just cannot see how I can be asked to pay child support when he has one child and I have two (not counting what I do for the 21 year old).

Expert:  Ely replied 4 years ago.
No worries.(1) Anyone over 18 no longer counts as a dependent unless they have a mental or physical disability! So anyone over 18 does not factor into the calculation, even if they live with you.But there are no court orders in place yet, right? All this has been private agreement?
Customer: replied 4 years ago.

Technically - there is an agreement saying I am to pay child support, but it is from about 15 years ago.

 

We agreed that neither one would pay the other since I had two children and he had one (or vice versa - we have joint custody and the kids would switch where he would have one and I would have two...or I would have one and he would have two). He just decided about three months ago to ask for money.

 

Does it make a difference that our daughter is in school and I support her and her son? She gets very little support from her son's 'sperm-donor' (I think she has gotten about $200 at most this year from him).

 

But he has not initiated this yet - that is why I am trying to weigh my options.

 

I really do appreciate your help!

Expert:  Ely replied 4 years ago.
Wow, this is getting more and more complicated :)Is the agreement for child support from 15 or so years ago the amount that you're paying NOW? Or more, or less?
Customer: replied 4 years ago.

I haven't been paying anything up until now...I am just now giving him $100/month for his auto insurance. I hadn't been able to pay because our son's insurance caused my insurance to take out almost double the amount (because he hasn't had a vehicle for a couple of months - and just got a truck and added it to my insurance so they took two payments). Anyway - I will be up-to-date based on what I agreed to send as of the 15th of this month.

 

But he wants more.

Expert:  Ely replied 4 years ago.
I'm going to need to do some statute review for this. Mind if I take a few hours? I don't want to rush through an answer.
Customer: replied 4 years ago.

no problem. Again, I really appreciate your help.

 

I am at work right now, it will be tomorrow morning before I will be back online. (no internet at home)

 

Thank you!

Expert:  Ely replied 4 years ago.
No worries, I'll probably tackle this in the evening.
Customer: replied 4 years ago.
THANK YOU!!!
Expert:  Ely replied 4 years ago.
Np. (I have to respond so as for it not to stay in my stream. NO need to respond to this).

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