Strategies for Temporary Child Support Order

[ecrocks23]

Our first paternity/child support hearing is set for 2 weeks. My son's father claims to only work 10 hours per week even though he has a Master's Degree in teaching. Once we reach trial my attorney is going to argue to "impute" his income so the child support is based on his earning capacity, not on his actual income. I have no idea if this will be successful, but I believe he has been deliberately allegedly un- or under-employed for over 6 years now, so I'm finally calling his bluff by going thru the courts (he tells me no one can make him work more hours and refuses to give me any pay stubs to confirm his income).

My attorney said we can ask for a temporary order of support at the first hearing b/c she said not much will happen at the initial hearing. She said we can argue for $200 per month, which is the amount he has been paying me for 1.5 years now (for the 4.5 years before that he paid me $0). But in the research I've been doing it sounds like often times the final order very much resembles the temporary order, so you're better off laying it all out for the temporary order.

Does anyone have any experience with temporary orders of support and which is the better strategy?? Thanks for any advice you can offer!

[Super~Single~Mama]

My knowledge on this is VERY limited - but I am in NY so I'm somewhat familiar with the laws here.

The final order MAY resemble the temp order - but IME that usually only applies to CUSTODY and not cs.

When I got my temp order it was pitiful, and we go back in Dec. for another go at it. My ex was unemployed at the last appearance, and was lectured to get a job, and be gainfully employed by the time we go back. So we'll see what happens. BUT - here's the good part. According to my lawyer, in NY, anything over the temp order that is in the final order is RETROACTIVE to the date you filed.

So, for example, if you are given $200/month in the temp order, but the final order is $400/month, he owes you $200/month all the way back to the date you filed - even if his income wasn't high enough the date you filed to pay that much. At least thats my understanding. (and thats in NYC, but I think all of NY operates under the same cs laws)

Good luck!

[smeep]

In NY do they go by their actual hours under normal circumstances? Because in Texas if they work less than 40 hours then they take their hourly wage at 40 hours a week. With DS's biodad he didn't have a job at all (he thought no job meant he wouldn't have to pay) and they based it on minimum wage 40 hours a week. If he HAD a job, they would have taken his hourly pay and based it on 40 hours a week UNLESS he worked more than 40 hours, in which case they would have gone by the total hours. So here, essentially, it doesn't matter if they work less than 40 hours a week because they still determine it upon 40 hours a week.

I hope that made sense...pregnancy brain!