Family Law Questions? Ask a Family Lawyer Online.
Hello Mike,Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.
It's good that you are being proactive in seeking information before things go into effect.
If your child support was modified to reflect only your SSDI then it would increase based upon projected prior income working at the Toyota dealership since that is where you were rehired. If sales are down compared to where they were when you last worked at the dealership, it will be up to you to convince the court that you new commission earnings will not be the same as they were. Such proof can be obtained from your employer. Eventually your employer will send in the child support payments if the court orders the payments through the employer but until the employer deduction takes effect, you would be required to send in the payments set by the court.
Part of the $721 that was receive was not true child support but also included a stipend or payment to unmarried minor dependent children of a parent receiving SSDI. You would not be required to pay the $721. If child support is not increased by a court order, then you would only have to pay the $199, but if the court increases child support based upon your new commission earning then you would pay that new amount.
I hope this information helps you understand the process.
I wish you well,
If you were working at the Dealership for over a year when the original child support was set based upon the minimum wages, then it should go back to that amount unless the mother convinces the judge that your true earning potential is significantly higher than that amount.
Based upon what you shared with me it is most likely the minimum wage would be the amount.
You would need to have a new court order in place because once there is a court order, then only way to make a modification is by a new court order. If you and the mother can come to an agreement then there can be a modification agreement created by an attorney and submitted to thecourt with a new modification petition and it is possible to avoid court.
I hope this helps,
I was only at the dealership for 4 months. The court was using minimum wage as my income. So with no income history. minimum wage would be their starting point. Me being 100% comission. One last question. Would my employer pay child support based on a percentage of what I earn per month. Or a sraight dollor amount. Reguardles of what I make. Thanks
Minimum wage is the starting point but if you have a history of earning significantly more when a court views the issue of child support, then the court uses the higher level of income eventhough it is commission based.
Your employer will send in the amount ordered by the court. Your employer does not make the determination as to the child support amount. So in other words, it is not a percentage but rather the specific amount ordered by the court.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).