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Whitehead V. Whitehead Case Summary

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Whitehead V. Whitehead Case Summary
Statement of Facts: The Whiteheads got divorced in 2016. Mr. Whitehead is supposed to pay $700.00 a month for child support. In January of 2017, Mr. Whitehead lost his job and stayed unemployed until October of 2017. After 10 months of being unemployed, Mr. Whitehead found a job as an electrician. While he was unemployed, he did not pay any of the child support. In 2017, Mrs. Whitehead filed a motion for a divorce decree with the court. Mrs. Whitehead wanted Mr. Whitehead to pay the $7000.00 he owes from being unemployed. Mr. Whitehead then made a petition to reduce the amount he owed. The petition stated he wanted the court to excuse him from paying the missed child support. The court countered his offer and ordered Mr. Whitehead to pay …show more content…
The formula shall be based upon the needs of the child and the actual resources of each parent. The formula shall establish a minimum threshold for modification of a child support amount. The formula shall consider the child care and dependent health care coverage costs of each parent. The formula shall include guidelines for setting and administratively adjusting the amount of periodic payments for overdue support, including guidelines for adjustment of arrearage payment schedules when the current support obligation for a child terminates and the payer owes overdue …show more content…
Which in this case, the court ordered him to pay half the amount due. The court cannot allow him to pay only half because of the formula they must abide by. The formula will take into consideration his unemployment. In the Borowsky, the court had to follow the formula, even though the defendant was unemployed at the time. In Moncada v. Moncada, the court found that the petition was insufficient. The court also ordered when he found a job they would increase the amount of child support. This is because he must make up the money even though he was unemployed. In the Whitehead v. Whitehead case, the defendant was unemployed and asked for a petition. The court cannot only allow Mr. Whitehead to pay half instead of adding to the child
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