Question:
How is child support calculated if I have no source of income?
My wife and I are in the process of divorce and have agreed to s hared custody. I’m disabled and currently living mostly off credit. I’ve been paying for my daughter’s cell phone, school supplies, clothes, etc.
Should I continue giving my kids cash and buying stuff for them directly, or should I give my wife money through a check?
Answer:
Please be aware that I cannot give legal advice based on contact from the website and can only provide general tips regarding your situation.
Child support is generally based on income, and your disability income will eventually be considered for purposes of calculating child support. Right now, if your income is zero the court would likely order either no child support or a very nominal amount, perhaps $50 a month.
I would suggest that you start figuring out how to live within your means, and how you are going to support yourself first. It is completely optional that you provide the items you do for your children at this point, as well as giving any money for to your wife.
Regardless, you need to keep receipts of the money you spend on your children now, so that you have a defense against retro-active child support. Being ordered at a later date. Do not provide any support in cash so that you can come up with proof later.
Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.
Cordell & Cordell understands the concerns men face during divorce.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.
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