Ok..
You've never married the mother, but your name is on the bc. Legally, you're (half ?) responsible for the child.
You haven't been directed by the court, yet you're giving her $800 a month ? Why ? Expect to pay that, and (it sounds like) probably more. Most likely whatever the state guidelines are for that. Right now you're giving her a 'freebie'. Stop doing that now. Buy the kid clothes and toys, but for god's sake stop giving her money unless the court tells you to.
You
can impute her potential income, at least closing the gap a bit. If she has the potential to make a significant amount of money, anywhere close to what you're making, that can close the gap significantly.
If your annual income is $100K/year, and her potential,
potential income is, say, $60K/year, the difference is.. $40K.
The CS percentage for one child (at least in NY) is I believe 17%.. Of the
difference ($40K).
17% of $40K is $6800, annually. Divided by 12 months = $566.66
Obviously if her potential income is considerably less, then your monthly CS payment will be higher.
Does she have any degrees or training in a specific field that could offset your future,
court ordered payments ?
Quote:Quote:
But anyway she has signed a contract I wrote last month stating she would meet me or my parents half way so he can spend time with me and my side of the family.
Last month.. four to six weeks ago... and she's already changing it up..
This "contract" doesn't mean shit.
You can have her sign a contract to bring you a large pepperoni pizza every Tuesday, Thursday, and every other weekend. At any point, she can bring you a medium with cheese if she wants to. Hell, she can stop bringing you pepperoni pizzas altogether. Unless there's a court order stating specifically that she has to bring you large pepperoni pizzas.
So you decide to take her to court because she isn't bringing you large pepperoni pizzas. The judge is going to ask what the court order says. If it ain't in the court order, guess what, no pizza for you.
The court order is basically used to settle disputes that you and the mother can't agree on. Your court order will be the most important document you ever negotiate.
Do not take this document lightly. This will be the template for everything moving forward. That said, be realistic in your goals. Some things may be more costly to litigate versus simply conceding X.
But always get something when you give something. Always. Think of every possible scenario, and stack it into the court order. Make it airtight. (This is where you get, among other things, the 'halfway' meet written in stone in a legal document).
One of the biggest hurdles you have working against you right now is that she moved, with the kid, 14 hours away. And has been in the new residence for more than six months. Establishing residency.
And take note, the longer you wait, she can potentially go after you for back support. Rendering your previous $800 per month a 'gift'.
Take that $800 a month and get your hands on an attorney. Today.
Above all, see your son. Make the drives for now. Show the court that you want to be in your son's life.