this is a child support question---- when going before a judge to establish child support, and the father is on workmans comp. Do the establish the amount he is to pay from his regular job, or the amount he is collecting from the workmans comp.?
Country relating to Question: United States
Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.
You should prove both, and combine the totals to equal usable income.
From that, you derive the percentage he will have to pay.
With him collecting workmans comp right now will they go by that coming from workmans comp, or will they go by the amount he was getting from his regular job before he started collecting workmans comp.?
Got it... It depends on what you try to prove.
I think you should argue that the amount he currently receives (income plus workman's comp) should apply.
all i want to do is is start getting child support and i want it to be based on his regular jobs pay
Then, you should argue the income he was receiving before workman's comp. (if that's what you want)
You must meet the burden of proof respecting which total should apply as income.
Then, the court will take out a percentage of that.
Does that make sense?
If not, please ask follow up questions.
it does make sense ..... thank you so much
You are most welcome.
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