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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16224
Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My wife and i have been separated for two years now, were

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My wife and i have been separated for two years now, we're not divorced yet. she wants me to pay child support; i don't have a problem with it. i've been giving her money for my daughter. I went to talk to child services, i told them that i work for $7.50/hour. im not a legal resident in the US so its difficult for me to find a good job. i don't own anything, I live with an aunt. i dont posses anything of my own. when i first went child services to talk to the case manager, she said that maybe because of my situation i had to pay 200-300 a month for child support. But then when my wife heard that she showed the case manager a picture with a job ad on the car that i use, its not my car its a friends car. I work for a contractor, i do home remodeling, anything that comes by, but the person that takes charges is the person i work for and he pays me by hour. so with that said, next time i went to talk to the case manager, she said that shes going to do whatever she could so i could pay $1000, but how's that possible, i dont have that kind of money,. not even close. So, i told the case manager that im going to court because i cant pay $1000, im willing to pay child support i have no problem with that, but i cant give somethin that i dont have. I dont know what to do? what steps to take. What do you suggest? my wife she's been receiving unemployment for two years now, and she has the opportunity to get a good job.
Submitted: 9 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 9 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Here is a link which you should use, to get an idea of the amount of support which you should pay. It is a child support calculator which you can use, so you know what a Judge is likely to order. http://www.rosen.com/childcalculator/ However, you need to be aware that the Judge can always deviate from the guidelines upon a showing of good cause by you, as to why you can not pay the court ordered amount, which the Judge wants to impose. You would want to show the Judge just how much you earn and should be in pay stubs or bank account statements, showing what you earn and what you are capable of paying. As you stated above, you can not give what you do not have but need to show the Judge what your earning potential is and why an amount should be ordered which you know you can pay, based upon your current situation.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 9 months ago.

Thank you for your answer. what about if i get pay cash, because thats how i get paid. so i dont have any prove of my salary and thats what concerns me. i am going to take copies of my bank account statements, but there's some deposits that have been made by a friend of mine that has been helping me this year because of my work conditions. with the money that was deposit to me by my friend i paid my rent and also used that money to ive to my wife for my daughter; and im afraid that they will take those deposits against me. Also, my wife has two other children that arent mine; one before marriage and the other one recently after we separated, and because we're married shes going to try for me to pay child support for them too, and im not willing to agree to that.

Expert:  FamilyAnswer replied 9 months ago.
You are welcome. It is important to remember that you are not legally responsible to pay child support for child that are not yours. If she wants support, let her go after their fathers. As far as the deposits, your friend may have to appear and testify that he gives you the money to help you out and it is not additional income, which you are hiding. You may also want to see if your employer would appear and speak on your behalf, advising that he pays you in cash and how much he pays you, as well.
Customer: replied 9 months ago.

ok. thank you. also, i dont know if this information will help, but a year and a half ago, an incident happened with my daughter, where she was left outside the house for hours until a neighbor found her, my wife nowhere to be found, she had left her unattended outside and she was in bad conditions. a neighbor called me and i wen to my wife's house to get my daughter and took her home with me. a few days later my wife came to take my daughter away from me. also, our divorce is in process, but she doesnt want to sign the divorce papers, but right now its on halt because i have no money to keep paying the lawyer.

Expert:  FamilyAnswer replied 9 months ago.
That is something which could effect the ability to have custody of the child and something you could use against your wife if you want to gain custody. Child support is based upon the needs of the child and is separate and apart from what you stated above.
Customer: replied 9 months ago.

ok. Thank you for your assistance. anything else that you might think can help me on monday when i go to court?

Expert:  FamilyAnswer replied 9 months ago.
You really want to do as much as you can to show what you income is and what you can afford to pay. As long as you can show you are not trying to avoid your obligation but are limited with the work you can find based upon your current situation, that should all be considered when determining the amount.
Customer: replied 9 months ago.

Thank you for your help.

Expert:  FamilyAnswer replied 9 months ago.
You are welcome. If you have not already, please remember to rate my help so I can get credit for my answer. Thank you.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16224
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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