Child support question. Have you ever heard....

GAPeach68

of the CP having to pay the NCP CS?  Here is our situation and let me know if any of you have ever heard of such.  We are in GA with a specific CS calculator.  Here are our the details:

BM lived 3 1/2 hrs away w/ her husband for 5 years.  DH paid his full CS and would meet her 1/2 way for EOW visitation.  BM husband became unemployed and eventually took a job 6 hrs. from us and BM didn't want to move there.  Her family is in our state and her sister was pregnant with her first baby.  She chose to move near us and not with her husband.  They are hoping he eventually gets a job back here.  His field of expertise is very specialized and limited.  She bought a house here and her husband rents an apt where he works, up north.  BM signed primary custody over to DH because we are in a top school zone and she bought a house nearby but not in the same school district.  So now she is the NCP and DH is the CP.  She wants DH to continue to pay her full CS because of the added expenses she has with 2 households.  She says she moved here just so SS could be with DH.  I call BS on that.  She chooses to work 1 day per week because she wants to be able to go visit  her husband at her leisure.  Also, in her field, the hours start early so she doesn't want to send SS to us to stay the night when she works.  Well, he stays with us 80% of the time anyway, because he has made friends in our neighborhood.  Anyway, with all this info. have you ever heard of a judge awarding CS because the NCP has extraordinary living expenses but also chooses not to work? 

CFjo2010

Every State has different CS rules, but I know that in CA (where I live) the CP can been ordered to pay CS to the NCP.  In CA the CS is figured out based on both parents income and time with the child.  If the CP makes significantly more than the NCP, the Courts feel that CS is necessary to try and maintain the standard of living at both homes.  However, CA also imposes an imputed amount if one parent refuses to work or is deliberately underemployed.  Check with the CS agency in your State or an attorney to see what the guidelines are.

cmiller0623

I have never heard of such a thing.  Check with an attorney perhaps i know some offer free consultations but it doesnt make much sense for the CP to pay NCP CS after all its to support the child and their needs not the parents.  Its her choice, as youve said, not to work as much as she COULD and i know where we live (in KS) that's a factor.  Example, in KS CS is based on what the NCP is capable of making even if they dont make that much (let me clarify: they assume NCP can work 40 hours at minimum wage even if theyre for whatever reason not) so i'd check with an attorney in your state.

bebe11

So she wants your H to pay child support based on the older terms of your SS spending EOW with you, but now he is with your 80% of the time?

I also live in California and here, you would need to get the child custody modified showing how much time the child is with each parent, then you could request a child support modification. I wouldn't just pay the ex-wife, because she thinks she is entitled to it. 

But to answer your last sentence, NO I have never heard of such a thing. Unless your husband is wealthy, then he would more than likely have to still pay her a decent amount of CS.

dmndsr4eva

In my state they factor in both incomes.  So I assume if I made like triple what my ex (NCP) does I would probably owe him some CS.  You need to talk to a lawyer.  Or you should actually be able to find the child support worksheet for your state.  In my state they have the form online and all you do is fill in the incomes of both parents and days per year with each parent and it tells you what the child support will be. 

 

kali55

From what understand in Alberta Canada is if the children are with one parent 60%+ of the time they only look at the income of the ncp, so there would be no situation where the cp would be paying the ncp.  I'm sure with all things there are always exceptions to the rule but I would definitely have a rather large problem with paying CS if the child was with us 80% of the time

GAPeach68

Thanks everybody. BM would make more than DH if she worked 4 days per week. Our attorney said the child support calc should be based on that since she could do it but chooses not to. BM seems to think that a judge would feel pity on her and have us pay her because she is being so kind and living here away from her husband so SS and DH can be together.  I don't buy it.  Oh and when she originally moved here (last summer) she had said everything would be 50/50.  DH is not rich. We have always gotten along but this is straining things. SS is 12 so our expenses have gone up and we are paying her.  I only want what is fair for all of us.

Ilumine

If she has LEGALLY signed over custody, then just go ahead and file already. 

There are what, two end results? 

1) Your CS payments are lowered (as it should if you have SS living with you) or

2) She tries to take SS back. 

If its #2, you have your lawyer ready for a small court fight.  Because the reality is, SHE gave up custody to YOU and then redacted that for the money.  There are enough judges out there, who will see it for what it is.