Child Support Modification....and my grief of it being a 2nd wife!! haha

[Aluli]

My husband and his ex have 2 kids that he pays child support on.

She has requested for a modification because she knows he makes more money now than when the decree was first ordered.

Up until this year she hasnt worked (ten years!! Capable bodied woman sitting on her butt on the "system" Everything the state has to offer, her hand is out.)

Me and my husband have had 2 kids since the original child support order.

Now, my question....

I know that they base it on both their incomes and percentages. But, since we have our two kids they get put into the formula. How much of the income do they base on his yearly gross? Is it 50% of his yearly amount?

I've been searching online and read 50% (If he has 2 children from a new family) but, I dont know i'm reading it right. It's not clear.

So if he made $18,000 when he first got his child support order and pays approx. $400 a month for his 2 kids.

(Since our marriage, we put him thru Technical college and costed us $14,000 in a student loans which we are still paying on but, today he makes around $50,000 and now she wants to cash in on our fortune..but not the debt..haha...)

So now if he makes $50,000 a year and we have 2 kids.. do they base her child support on half of that which would be $25,000? (And her income which she now has a job)

This is what I'm not sure of.

This woman drives me crazy. She said she wouldnt ask for an increase. Needed help in the kids clothes...ok. So she clearly doesnt spend the money on clothes for them. I went out and spend $600 in two months on clothes, shoes, socks, bras. Including $70 in football camp fees and $40 bathing suit, and a $40 prom type dress for a one time dance. Once the door was opened she asked for this and that and we had the kids every single weekend, Fri thru Sun.

Then....we get the papers that she wants more money. I know that we don't spend $400 a month on our own two kids and somehow it isnt enough that she cant buy any clothes with $400 a month????(I realize part of it goes towards the house rent, electricity, etc) With her new job she has lost her food stamps. And she said if she goes for in increase she will lose her section 8 housing and all the money she would get as an increase would go towards her rent. Ok...so that's effective!!!!

She'd better not ask us for the clothes after her support goes up to $864 or $920. I don't even want to hear it. And we will have to sell off things that we bought with our hard earned money because we wont be able to afford them. (I found online calculators to get the above amount but, this amount doesnt include our two kids at home)

The child support guide says the money keeps the kids in a lifestyle they are accustomed to. So, they are used to the $400 a month and that lifestyle so doubling it they are going to reap the benefits? More like MORE income for mommy. It also states that the money is to be ASSUMED spent on the kids and not income for the custodial parent....what a joke. If I had $400 a month to go out spending on our kids...they'd have it made. I'm serious. If she's working and bringing in money...hello? Does she not have to spend her own money on the kids? She treats the $400 as her own personal income and the kids go without which is where we go out and but what they really need. We spent $300 each month for 2 months and they have all the underwear and socks and summer clothes they need. What about all the other $400 months she gets? Why did they come over here with no underwear, bra or socks...It's gross. The girl was sent over with no bra (36-C) and the ex told daddy...she needs some new bras. Ok... what's a new bra...? $10 at Walmart? (Which I went and got her 3 and 20 panties) She gets $400 a month and cant buy her girl a couple of bras? Help me understand this....

GRRRRRRRRRR.......Did I mention that I hate her???

[mystical]

I really dont know wot to say, your laws are different to ours. With us if two people split up then the husband pays child maintanence until she remarries then it is up to him as to whether or not he still wishes to give money. I do know that id a wage increases then you do have to pay more money, but reading what you have here then you are doing more than enough. I think his ex has a nerve to ask for more money considering the amount that has been contributed.
Do you mind me asking how old the children are?



If the children are of a sound age is there any possible way of putting the money that they recieve ( or supposed to recieve) into a trust fund for them? or giving the money to them personally? The only other way I can see things is if you reudce payment to the ex but agree to paying for clothes and other items that are required ( which I know you are allready doing). There must be some way around this situation.

[SpiderWeb]

I do know a lot is based state by state.

One thing for sure ... save all the receipts you have spent on the children. I know it sounds petty .. but you are giving her the child support and then still buying for them.
Keep a log of when you have them and when they are with their Mom.

According to what you posted I am sure it will be based on half. I can't be sure but that is the way it looks. But in my state, she would have to have a job because she is able to work.

I am not sure what if anything is taken into consideration for the education on your husband. I will ask one question ... is it a bill you are still paying on? That might be taken into consideration as well. Just a thought to be out there for you.

If there is anything else I can think of I will let you know.

Good luck ....

[kiki5711]

Hi Aluli

Child support law is a pile of shit.
My husband pays $1000.00 a month for one child. This child does not need that much money, his mother works and makes more than my husband when you include $12,000 a year of tax free child support income.

And the custodial parent knows they can manipulate the law to get more income like that. It has nothing to do with best interest of the child. It's frustrating as hell and they get away with it too.

Sorry I wasn't too much of help. I understand all too well what you're going through.

[Aluli]

Thank you for those of you that replied.

I think it's based on half as well. They also go by "Potential Earnings". I don't see how she got off the hook of not working all these years. Today I looked at the original support order and it has her down as 0% child support. What a crock of crap.

Mystical, the boy is 10 and the girl is 12. We've been paying since the boy was 10 months and the girl was 2. And back then we bought baby formula, diapers, and clothes additional to the child support. Back then we had them 1/2 of each week.

[Aluli]

Yeah, Kiki..they go off gross income..we all get taxes taken out of it...

.... and she gets tax free money.


Poop.

[mystical]

Originally Posted by Aluli

Thank you for those of you that replied.

Mystical, the boy is 10 and the girl is 12. We've been paying since the boy was 10 months and the girl was 2. And back then we bought baby formula, diapers, and clothes additional to the child support. Back then we had them 1/2 of each week.

Bloody hell, no wonder your so p**sed off. I just cant think of any other way in helping you out. By the sounds of it youve done more than your fair share where the children are concerned.

Isnt there anyway of going to court to contest? Or did you not want to go down that road??

[Aluli]

We are getting a private attorney.

[mystical]

Originally Posted by Aluli

We are getting a private attorney.

Im glad, well I wish you the best of luck and hope it all works out in your favour.

[talk2me452002]

hey aluli...here in texas,its nor more than 35% of combined income..dont know of any state that takes half,but i'm sure there is out there somewhere!.....now this is only support, the ins. is sometimes combined in that or if the two spouses agree,they split the ins,down the middle..and or one parent is primary and one is secoundary.....if you pay close attention there is no JUSTICE, in the family law practice...just cals its self..family law.....so,unless you have a good understanding with the ex,..then they take hold and its no holes bared!

i do know that any and all cloths ,school supplies,dental,vision,school fee's,etc..wont be accectped as support unless you note it on the check or money order...or you have her sign the store recept stating it was part of the support..no buddy deals in family law!..but there is ways around it.....may be to late now but if you spent all this on the kids then mabe in aburtration you can have this figured in as that months support,or partical support..be sure from now on to list any money's as support on checks,money orders,or have her sign the recept,and date it!..this is a must!!!!!!!...she has the right to take you to court once a yr,to modify the order..so get your ducks in a row..and prepare for a bumpy ride
family law covers the astranged family hun..not the one you have to support everyday..so its really hard to see the light at the end of the tunnel..but there is one,and you will start seeing it around the 18th birthday
good luck hun!