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Question Regarding Child Support


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  #1  
July 3rd, 2011, 12:26 PM
AndyBee's Avatar Super Mommy
Join Date: Apr 2010
Location: Gresham, OR
Posts: 692
Here's our situation:
DH and BM have 50/50 physical and legal custody. DH currently pays $204 in child support as well as $110 cash medical. BM was reacently laid off, and has decided not to work full time but to go to school instead. She is "working" by teaching a couple belly dance classes here and there. Since she was laid off, we put DSD on my health insurance so she is still covered.

We expected the cash medical to be taken away, but due to a technicality in the wording of the agreement, it must stay. It simply says, "Father will pay an additional $110 in cash medical." There is nothing that states it would be removed if he covered her. Oh well, we can deal even though it's frustrating.

However, we are really concerned that BM will petition for more child support (even though she says she won't, we all know that things happen) and since she is not working, her income will be seriously low, and of course she'll end up getting more. But she's CHOOSING not to work, so how does that work out? It's not like she needs this education to get a job. She already has a masters and could find a job if she wanted to. Instead she wants to take a new career path and that requires her being in school Tues-Sat.

While I support her schooling (not that she requires my support) I'm just so scared she'll end up with more child support. If she does, we will have to move back in with one of our parents. We are already struggling as it is. I don't know what to do, should we meet with a lawyer to get our ducks in a row? Should we wait and see? I'm stressing over something that hasn't happened yet. I just have this feeling she's going to pounce. KWIM? It doesn't help that her boyfriend's dad is a district attorney and deals with this stuff all the time. And she's been in a SUPER good mood, and SUPER sweet and nice. Again, this would be great if I didn't feel like the other shoe was about to drop.

Sigh. I'm freaking out. I know I'm freaking out. But I'm not versed with all the legal stuff, and I feel like our new little family is vulnerable.
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  #2  
July 3rd, 2011, 12:32 PM
Platinum Supermommy
Join Date: Sep 2005
Posts: 9,097
Does your State take the mother's income into account? I know most don't. In Illinois, it doesn't matter if the bio mom makes $0 or $1mil. The dad pays a % of his income.

And usually when it's 50/50 custody, nobody pays child support. But I know each state is different so you may want to check into that. Bio mom may screw herself by going back to court & end up with nothing. I know here in Illinois the non-custodial parent can get reamed if they are "under employed" So if my Dh quits to go to school, he'll have to pay child support on what he would earn if he was working the job he's trained to do.
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  #3  
July 3rd, 2011, 12:46 PM
AndyBee's Avatar Super Mommy
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Location: Gresham, OR
Posts: 692
The way our state works, is that it calculates both parent's income, any expenses (daycare, medical) and then figures in parenting time. So even though they have 50/50 somebody will always pay unless they make the same amount. So if mom makes $0 dad will pay up the bum. Currently he's only paying so much because she puts DSD in daycare two days a week. This makes us so mad because if we had DSD full time, she wouldn't have to be in daycare ever. I'm even more upset about this lately, because BM has been out of work, and she has continued to put her in daycare. What? You have 3-4 days without her, and you STILL put her in daycare two days a week? How does that make sense?
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  #4  
July 3rd, 2011, 05:10 PM
K.A.T's Avatar Enjoying her Sticky Bun
Join Date: Aug 2010
Location: NYC
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First off him being a DA does diddly for her. DA's DO NOT deal with child support. DA's are straight criminal prosecutors, nothing more. You really need to find out if the laws in your state include her income or does not. For NYS it does do if we were to ever go back for support our 500 a month would double at least for one child. I would try not to worry about anything until you actually get there.
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  #5  
July 4th, 2011, 12:44 PM
Doodlebug06's Avatar Doodlebug
Join Date: May 2011
Location: US
Posts: 1,397
If your state is one of the states that takes her income into account, I doubt she will be able to get more child support.
She's " willfully unemployed". Even if she's laid off, she has a masters degree and is now in school out of her own free will.
The judge will likely see that if she tries to get more money.
If she requests more child support, you should get a hearing for it.
That's your time to speak up and say she's doing the school thing AND still pitting the kid in daycare when she could watch her. She's also STILL getting cash for medical even tho you did the responsible thing and added her to your insurance.

Why didn't the mom take th cash money and go buy a personal health policy for the baby? She seems very irresponsible to me.
Who is paying all her bills while she plays school?
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  #6  
July 4th, 2011, 12:52 PM
Doodlebug06's Avatar Doodlebug
Join Date: May 2011
Location: US
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And FYI. I'm a mom of 2 with 50/50.
My ex and I stated that we had equal income when we did our child support worksheet. We both wanted to avoid either paying cs.
I'm about to lose job in a month due to it shutting down.
I've gotten remarried and am now pregnant.
I wil more than likely be a sahm after I get laid off.
I was told by a lawyer that I'd prob not get child support based on the fact that I'm choosing to stay home.
( not that I ever would try and get cs. I just asked so that I would know how it works. )
Anyway. Ex h also tried to pull some cs stunts at one time by reducing his route and income. Thinking it would cause me to pay. Lol. Backfired.
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  #7  
July 5th, 2011, 07:22 PM
AndyBee's Avatar Super Mommy
Join Date: Apr 2010
Location: Gresham, OR
Posts: 692
Thanks for the advice on hearing. I didnt think of that. BM lives with her parents right now, as they are in the process of relishing the house her parents helped her buy. I'm assuming they are also paying her bills. She's put dsd on the state's medicaid so she doesn't pay hardly anything. In her words, "I'm not living off the state, bit I'm taking full advantage of what is available." it pisses me off. There are families in NEED yet here she is choosing not to work and to suck the stare dry.
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  #8  
July 5th, 2011, 07:38 PM
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That sucks! (((hugs)))
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