Legal Question in Family Law in Maine
Child Support
My child's father blackmailed me and told me that if I didn't give him primary custody of our child that he would help my other child's father gain custody of him. I submitted, he didn't ask for child support, only half of daycare & med expenses. I have been behind since late last year, and have since moved from Nebraska to Maine. He is threatening with his attorney that he will now ask for child support if I don't get caught up on the arrears within a month. I have had difficulty finding a good job here in Maine, but he says that despite the job market out here, I'll have to pay a certain amount of child support based on what I could be making instead of what I am actually making. I now hold down 3 part-time jobs and will be adding a 4th, which should be full-time, this Thursday. I have done everything in my power to maintain employment in this state, but it's nothing like Nebraska. How can a court of law expect a person to pay 1/3 of their income for child support and still maintain a living for him/herself? Is it possible that the court could make me pay child support based on what I could be making? How does that work and what can I do about it?
1 Answer from Attorneys
Re: Child Support
This question is really about Nebraska law. If the children and the custodial parent reside in Nebraska, a court of that jurisdiction would have to enter an order. I can only provide information on what a court in Maine would do; Nebraska law may be very different.
Generally, child support is based upon the income of both parties, not just the non-custodial. Therefore, the more income the custodial parent makes, the lower the child support figure will be. A non-custodial parent is usually also given credit for another child (or children) that reside with him or her whom s/he is responsible for. Lastly, the child support often incorporates the cost of the children's health insurance. If the non-custodial parent is paying for the insurance, they are usually given a credit for that as well.
Ultimately, courts can and do impute income. A court is not bound by the actual income of the non-custodial parent. Think about it; if that were the case, a non-custodial parent could simply quit their job to avoid supporting their children. Imputing income is generally done where the parent is not working full-time or is working below their means. Note, however, that income can be imputed to the custodial parent as well.
The important thing for you is to keep apprised of any court action in Nebraska. The father would have to file there and would have to serve you in Maine. If you are served, do not ignore the proceedings. Ask to attend any hearings telephonically and ask that any final hearing be scheduled for a specific date with enough advance notice that you could attend if you had to.
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