Allowable Disposable Income

Question: Can the alleged father sue the mother of a child for his last name? Can the alleged father sue the mother of a child for his last name if the paternity results prove he is not the father? She has given the child both his first and last name.

Answer: I'm not sure that I am following the question. The mother has given the alleged-father's name to a child that has now been proven not to be his? Thats messed up, but in theory if I had a child I could name it Brad Pitt and that would become its legal name and I don't think the real Brad Pitt could actually do anything about it.

Question: If the alleged father and my child have 8 matches.? Is there a possibility he's the father?

Answer: most likely.. what does the person doing the test say? they are the expert and how many matches with the other person(s) you had sex with, within a few days either before or after...

Question: Police talked to little girl about alleged sexual abuse by father; Why don't they leave the issue alone? If they've already talked with the girl about accusations made that her father may be sexually abusing her, why do they need further information? If the family denied these allegations why are the police pressing further?

Answer: As you can imagine the police take claims of sex assault pretty seriously. Sometimes the assailant is a family member. Sometimes the victim is afraid to ask for help because the attacker made them feel guilty. Sometimes (and this may be a shock to you) the family will be dishonest when talking to the police. Perhaps the mother knows and lets it continue. We even employ civilian forensic interviewers who specialize in interviewing children to try and get to the bottom of this. The victim rarely will come right out and tell what really happened. The bottom line is these children are too precious to allow them to be attacked. The police want to be as sure as they can before they. So to answer your question; why are the police pressing further? Because it's important to be absolutely sure! This isn't like taking a loud music complaint on your neighbor.

Question: if a child only has his mother blood type does it means that the alleged father is not the father?

Answer: It depends on the blood types the parents and the child have. In some cases the father can be the child's father even when the child has only his mother's blood type. http://www.canadiancrc.com/Paternity_determination_blood_type.aspx

Question: CAN A UNBORN CHILD AND ALLEGED FATHER HAVE EIGHT OUT OF FIFTEEN LOCI MARKERS MATCH AND STILL BE RELATED? I had a prenatal paternity test done. at 8 of the 15 markers tested, mine match. i was excluded,is it possible, or what are the chances of the results being wrong/

Answer: I sent your question to a friend at a DNA testing lab. I will post the answer when I hear from him. I'm curious which test was used, and why it was necessary? write me

Question: can a girl accuse a man of being the alleged father, take him to court and the court makehim pay for paternity My husband is being accused of being the alleged father from a woman that he hasn't seen over a year. The child is 5 months old and i want to know if she can take him to court and will the court make him pay for the paternal test or will she have to pay for it since she is the one accusing my husband?

Answer: In theory, the party requesting the test is suppose to pay for it. In reality, the guy pays for it if it is his child.

Question: an alleged father? ok, here goes we are fostering a three month old, mother does not want her, now there is an alleged father trying to be involved, he is a 50+ year old alcoholic, works 12 hour days, doesn't drive, has no criminal history however....what kind of stuff will he have to go thru in order to get the baby if the paternity test comes back as positive? no one knows if he is actually the father as the mother is a prostitute......he continually calls the social worker, sometimes intoxicated, however he has not done any of the paper work she has sent him and has not gone to get a paternity test....the county is unwilling to pay for one at this oint, they feel if he truly believes he is the dad he should pay for it....he has never seen the baby or sent her anything....so what are things he will have to go thru what is the likely hood that he will get her? Also she is our niece and we very much want to adopt her....what kind of a future are we looking at her? is it illegal or wrong for us to offer an open adoption and encourage him to relinquish his rights? I don't mean to sound discriminating against the father due to age etc....however he has bever done anything for the baby, has never seen her and I think he only wangts her in order to keep a hold of the mother!! the baby was put in protective services after being born addiceted to cocaine to a mother who conitnues to prostitute and use drugs....the mother willing let her go to foster care temporarily while she served some time and went to treatment, she has been out of jail for about 7 weeks now, went into jail when the baby was 3 days old and has not been in contact since April 26th......she has not gone to treatment and now has another warrant for her arrest!! do I think he should have the right to the baby, YES but not solely.....he hasn't done anything for her.....the baby also has special needs and requires ALOT of appointments and PT, that is why I think he would need to drive, sorry rambling here I guess!! also to anyone who is wondering I know he is an alcoholic, as he has been at family functions in the past with the babies mother.....christmas, thanksgiving etc.... also to anyone who is wondering I know he is an alcoholic, as he has been at family functions in the past with the babies mother.....christmas, thanksgiving etc....

Answer: As long as this man does not jump through hoops, he has little chance of gaining custody. He isn't even legally established as father. If he did want to try to be a father he would have to prove paternity, he would likely have to attend AA, submit to random alcohol screenings, attend and complete parenting classes, prove to the state that he had adequate childcare, housing and would be a fit parent. If this man is as you describe, I doubt he will successfully do any of that. Once the legal parent(s) have relinquished their parental rights or had them terminated, you can adopt. Once the adoption is finalized, you are the legal parents of this child and have full say in who can and cannot be in her life. I just read your additional details... Very few states allow for open adoption. I think open adoption is a beautiful thing, but I am not sure it would be good for your girl to have her drunken father pop in and out of her life. It might be considered unethical to encourage he sign away rights, but I wouldn't say not to ask. Heck, I would explain to him that if he is the father, he will have to pay support from the moment of her birth until present and that the money will be owed to the state since she is in state care. That might make him a bit less inclined to prove paternity. Besides, he hasn't proven he is the father and he very well might not be the father if the mother was a prostitute when she got pregnant. Realistically, you are much better off if no one is named father. That way, you do not have to worry about having a father sign away parental rights.

Question: What happens (by law) if my husband isn't the father of one of his alleged children? My husband doubts paternity for one of his children from a previous married. His ex-wife cheated on him several times and now said child is growing up and is very strongly resembling another man. They were married for 3 years and the child was conceived and born during their marriage. We are seeking a paternity test but don't know what to expect. We live in Ohio.

Answer: If he is paying child support and the test comes back as the child not being his he can pursue it in court to have that amount removed from his support. However if he is not paying child support and just wants the test done and the child is not his he is not liable for any paternal rights or responsibilities. Also if he is paying child support he will not be able to get the paid money back because it was assuming that the child was his.

Question: Can alleged father establish paternity and seek visitation if I have an order of protection against him? Can alleged father establish paternity and seek visitation if I have an order of protection against him? I have a one year old daughter.. The father and I are not together. He did not sign the birth certificate or the voluntary acknowledgement of paternity. He has a past of being violent with me i have made reports but he has never been charged... He did attack me when I was pregnant and he attacked me in february in the car ( he entered the car placed a blanket over my sleeping child and chocked and punched me).. He continues to harras and threaten me but he was coming by visitng with my daughter . He has never had her alone and he does not pay child support... Yesturday i had an emergency order of protection and i do plan to seek to have it extended for the 2 years... My daughter is named in the petition.. SO it protects both me and my daughter..... I do have a lawyer but he is out of town until next friday and i am meeting with him but im just a little anxious for answer just for peace of mind... So my questions are 1) Can father go to court .. establish paternity and get visitation or joint custody (which would mean they would remove her from the order of protection?) 2) If the order is extended for two year and he is granted visitation how does that work he is not allowed to be around me ? how does she get dropped off or picked up? Can i call and `check on her? I live in the state of illinois Thank You In Advance He has a criminal record.. He was a known gang banger until about a year ago..... When he was 16 he did jail time for a gun and mob action he just got of probation for criminal damage to property.... he has been arrested many time and also has had a dui.

Answer: 1 yes if he is the father (you say alleged) if you dont think it is his get a DNA test and if his not you never have to see his agan 2 one of my friends had a pice of crap father like that and she had to meet him in the county police parking lot to pick up and drop off the child this is in VA so i dont know if it work the same every where but in any state the father has the right of visitation

Question: An unmarried woman is pregnant, the alleged father(married)has died. Is the child entitled to any benefits? An unmarried woman is pregnant. The alleged father has passed away and was legally wed to another woman at the time. The wife had no idea of this situation. All benefits, insurance policies, etc are in the name of the wife and their children. Will this new child be entitled to benefits/monetary compensation from the widow or social security? How will paternity be determined? All monetary assets are jointly held as husband and wife. The insurance policies are listed at 100% to wife, as the children are minors. An attorney states that assets as they were held will not require probate. Will the child be entitled to hold his last name at birth, since she is not his wife?

Answer: Consult a lawyer, once the child is born they may have a claim against his assets that are subject to probate, for child support, this is not a easy legal process But the legal recourse would be against the man's estate not the widow

Question: Chapter 13 disposable income vs repayment plan and secured/unsecured debt? Question about info/rules on disposable (dis.) income and how it applies to Chapter 13. I completed Form 22C to see what an estimate of dis. income would be and calculated ~ $1300 (after taking gross monthly income and subtracting allowable deductions). First question, is this ($1300) the repayment plan or is a part of the repayment plan? Second question is how does this work w/ secure vs unsecured debt. Is secured debt considered (A) a part of dis. income or (B) in addition to the dis. income. For instance, if (A) it would seem that if you have 2 car notes (calculated for the value divided by 60 on Form 22C line 47) for $400 or $1000, it would not affect the monthly Ch. 13 repayment…only means that the unsecured creditors would get less…so, no benefit to having 2 low car payments since monthly repay doesn’t change. If B) implies that unsecured creditors get all $1300 and the monthly repayment would increase by either $400 or $1000, the amount of the 2 car payments. Which is correct?

Answer: If you are going to file bankruptcy: Push for Chapter 7. Find a Lawyer who can guarantee you Chapter 7 treatment. Chapter 13 has all the downside of Chapter 7 with NONE of the benefits a Fresh Start. In Chapter 13 you will be a SLAVE to your creditors for years. If you can't get Chapter 7 treatment find another way out this situation! With a Good Lawyer most people who truly are in trouble can get Chapter 7. Oh and you can thank your Congressmen and Senators for being in Bed with the Banks and Credit Card Companies for this situation. Credit Card Companies have NOW Become LEGALIZED LOAN SHARKS! Everyone should write your Congressmen and Senators to STOP THIS ABUSE and END this LEGALIZED LOAN SHARK Game! You will all be affected by this at some point over your lifetime. I have seen several people go through this game and I have experienced some of this myself. Now articles are being written on it. Your Credit Card Interest Rates should never Increase because you were 1 day late or ever a couple of hours late (In my case/ I pay through the internet) on your payment and this happens if you do it Only ONE TIME. Yet this is what the LEGALIZED LOAN SHARKS are doing! They are even changing the time period between the day you receive your bill to the day its due. They are shortening it by 1 day per billing cycle. They are hoping that you don't realize the change and that you will be late on a payment so they can Raise you up to the default interest rates and Steal your Money. This is what the Legalized LOAN SHARKS are doing! All with the blessing of the U.S. Congress! Read This: There's a new, completely legal game they're playing, and it can literally wipe you out financially if you're not careful. The Universal Default Clause If you own a credit card, you know by now that if you're late with a payment the credit card company will charge you a late fee in addition to raising your interest rate. But did you know that they can raise your interest rate if you've made a late payment on any of your other cards, including those issued by other companies? Not only that, but your interest rates can skyrocket to 30 percent or more if you make a late payment on your car loan, mortgage, or even your phone bill! "How can that be legal?" you may ask. The answer is found in the fine print of your credit card agreement, and it's called a universal default clause. According to the Institute of Consumer Financial Education, currently almost 40 percent of credit card issuers apply this policy to their customers. A Late Payment 'Trigger' Generally, a universal default clause states that a creditor reserves the right to penalize you with an increased interest rate if you're late -- that is, in default -- of a payment to any other creditor. They justify this practice because, in theory, if you pay any of your creditors late, you pose a greater credit risk and are less likely to pay your debt. Your creditors also have the right to routinely monitor your credit file. So a creditor with a universal default clause will be watching -- and waiting. Let's say your Visa card has a universal default clause. Any late payment -- whether it's on your utility bill, home equity loan, or Macy's credit card -- acts as a "default trigger" allowing the bank that issued the Visa card to double or even triple your interest rate overnight. Your all-important credit score will be hurt as well. According to a study by the nonprofit advocacy and education group Consumer Action, the top three default triggers that cause your interest rates to spike are a decline in credit score, paying your mortgage late, and paying your car loan late. Other Triggers to Worry About Under the universal default clause, your interest rates can be increased for several other reasons, including exceeding your credit limit, bouncing a check, having too much debt, having too much credit, getting a new credit card, applying for a car loan, and applying for a mortgage loan. How does this affect your financial future? Take a look at the numbers. Let's say you're an average American household, with $8,000 of credit card debt. Assuming you make no additional purchases on your card, you have a 9 percent interest rate, and you make the minimum monthly payment, it'll take you 218 months (18 years) to pay off your debt and you'll end up paying $3,334 in interest. Now let's assume that for whatever reason you were late one month with your car payment. This late payment triggers the universal default clause with your credit card issuer, and now your penalty rate gets increased to 24 percent (the average default rate in 2005). It'll now take you 679 months (56 years) to pay off your credit card debt, and get this -- you'll pay $30,813 in interest. Link to this full story: http://finance.yahoo.com/expert/article/… This is all true people WAKE UP and FIGHT BACK!

Question: Does the maximum allowable garnishment allowed by Fed law apply to child support & alimony payments? For the legal minds out there…. 15 U.S.C. Section 1673 states that the maximum amount allowed to be garnished on a weekly basis from someone's wages, where the garnishment is for the purpose of support, is as follows: 50% of the person's disposable earnings (basically after-tax income), if the person is supporting a spouse or another child; or 60% of the person's disposable earnings, if the person is not supporting a spouse or another child (i.e. single, no other kids living with him) My question is this, since support payments are garnishable, will the courts order a support payment (child support & alimony combined) that totals greater than 60% of a person’s disposable income? I’m trying to establish absolute worst case scenario and then work my way back from that. BTW, I will be discussing this with my attorney next week. I’m just double checking…. Thanks in advance.

Answer: What your talking about is slightly different from what you meant I think. Every state determines how much support or alimony that you have to pay. Child Support is NOT 60% of you income, unless you have like 10 kids. What you refered to in your question means that if you are supposed to pay support, and it is taken from your pay check, no matter what that amount is that the support office wants, the employer CANNOT send the cs office any more than 60% of your check. For example, after taxes your check is $600, and child support wants $500, well your employer cannot send them the entire $500, because that would take more than 60% of your check. That's what the 60% rule is all about, it has nothing to do with how much you will be told to pay by the courts. If your employer cannot send a full amount at anytime, then you just end up with back support. To figure out what you will end up paying in child support I need to know your state, every state is different, & it also depends on how many children are involved in this order. Here is a good link to find your states main child support website. Somewhere on their site you should be able to find out what method and calculation they use to determine the amount you will be paying. http://www.acf.hhs.gov/programs/cse/exti…

Question: Chapter 7 Bankruptcy Means Test Questions.? DISCLAIMER: While I appreciate your “advice”, please only answer this question if you have DIRECT expertise with these questions. I’m looking for answers that are pretty solid. If you would start your answer off with “I think…” then please do not submit an answer to this question. I also am not looking for advertisements for debt consolidation or counseling. I’ve already done that and it was NOT an option. I’m filing for bankruptcy protection, but don’t want to file for Chapter 13. I know that Student Loans cannot be discharged through bankruptcy. That is not my question. QUESTION #1: When filling out Schedule J for Chapter 7 bankruptcy, can you put the MONTHLY PAYMENTS on your student loans as an "other" expense? Can the monthly payments be used anywhere to reduce my Net Income so that my ending disposable income will be reduce by the amount of my monthly payments on my student loan? I ask because since the student loans cannot be discharged, it would seem as though the monthly payments would then be part of my household budget and therefore be allowable to reduce my monthly Net Income and disposable income. QUESTION #2: I already pass the median income test. However, I may not pass the acceptable disposable income test. According to the test, if I have more than about $11K of disposable income over 60 months ($183/month), then I do not pass for Chapter 7 and must file Chapter 13. However, I've read something about a 25% rule that I don't quite understand. I have about $130K in unsecured debt ($55K in CC debt and $75K in student loans). My understanding of this 25% rule is that if my disposable income over 60 months is less than 25% of my total unsecured debt, then I pass the means test. If that is true, then as long as I don’t have more than $540/month in disposable income, then I pass. ($130,000 * .25 = $32,500) ($32,500/60 = $541.67). Is this a correct assumption? If not, then how exactly does this 25% rule work? Am I even allowed to use my student loans to figure my total unsecured debt for the 25% rule? EXTRA INFORMATION: I have no assets. I currently lease a car for $300/month and rent a room in someone’s house. Before figuring for Student Loan payments as expenses, I have about $534/month in disposable income. With the student loan payments in as an expense, I’ll be down to $224/month in disposable income and the trustee will probably let me pass the disposable income portion of the means test. $534/month in disposable income = $32,040 over 60 months $224/month in disposable income = $13,440 over 60 months

Answer: The student loan can not go under "other". It goes in the column for creditors claims against you. You usually can not discharge the student loans if they were federally backed. You are trying to squeeze into the median threshold. That is not a good idea. Judges have seen this a million times. From what you describe , you are going to have to agree to pay back some debts. That means that Chapter 7 is out. But you have one advantage. The bankruptcy courts are swamped. They can't be as thorough as they would like..

Question: How do I file an offer in compromise for both federal and state taxes? I am disabled and unable to make full payment on past due taxes owed to the IRS and state of California Franchise Tax Board. I am somewhat familiar with the IRS rules for allowable monthly expenses used to determine the offer amount. Based on the allowable expenses (local standards) on the IRS website, I have about $90 per month beyond what they claim that I need in my area. What confuses me is what I should do if filing both state and federal offers. Will the IRS and state both want 100% of my disposable income or can I split the offer 50/50 between the two?

Answer: Assuming your number hold up and you have no other assets, a lump sum offer to the IRS would have to be $4,320, 48 times the monthly payment you can make. FTB ordinarily wants to see an accepted IRS offer. Its requirements are similar but not exactly the same. You do not state what your income source is. If it is exempt from levy by the state, FTB may not be to do anything with you anyway. A review of your situation may change the $90 to something more favorable to you.

Question: What is considered when looking at wage garnishment in Virginia? I have a creditor who refuses to accept payments I can afford after all my normal bills (rent, utilities, car payment, insurance) so they are taking me to court to garnish my wages. This will result in a bi-weekly garnishment of more than what I can really afford due to what is considered "disposable income". According to what I see, utilities and rent are not included when considering this amount that can be garnished. If the amount that is allowable to be taken results in a person being unable to pay their normal living expenses (not fun things, basic needs I am talking about here), is that taken into consideration?

Answer: when you go to court bring a list of all normal living expenses and then what you earn. show the judge what is left after your bills are paid and they will come up with a payment you can afford. once a judge steps in do not miss one because they can take you back to court and then there will be no mercy.