Community› The Bump Message Boards› Blended Families
Blended Families
New Discussion
Options

CS question for youz

ScissorTailedFlycatcherScissorTailedFlycatcher member
in Blended Families
We currently pay a pretty low amount for cs. We pay $140/week for both kids. I believe this was evaluated when DH was making about $50k a few years ago and bm was either not working or working very little. DH has now been unemployed for over a year, but we still pay OOP. Now that we have DD, it got me thinking that we might get it reevaluated. Should we have gotten it reevaluated when DH first lost his job? Our income is essentially cut in half with Unemployment Insurance. Or do you think we're pretty lucky to only pay the amount we do? I also don't work, if that's a question you have.
Report Reply to Post

Re: CS question for youz

  • Options
    DaringMissDaringMiss member
    I would contact a family law attorney to run the numbers.  He/she would tell you what the courts would rule on your situation.  Many states permit child support to equal up to half of unemployment, so you may not find yourself in a better position with a reevaluation.
    Report Reply
  • Options
    jaded99jaded99 member

    Ugh, I'll comment tomorrow when I'm more awake

    Report Reply
  • Loading the player...
  • Options
    SariePSarieP
    Does BM work now? You have to remember that they will take her income into account also and if he is receiving unemployement and she is receiving nothing, he will still end up being responsible financially for more than she is.
    Report Reply
  • Options
    CurlyQ284CurlyQ284 member
    I think it depends on the state.  Our case was in Michigan, and DH lost his job in March and just started working again in November.  We filed all kinds of paperwork, the courts wouldn't even agree to a CS review because unemployment was not a valid reason for an adjustment.  It's BS!
    Image and video hosting by TinyPic
    Baby Birthday Ticker Ticker
    Report Reply
  • Options
    ScissorTailedFlycatcherScissorTailedFlycatcher member
    imageSarieP:
    Does BM work now? You have to remember that they will take her income into account also and if he is receiving unemployement and she is receiving nothing, he will still end up being responsible financially for more than she is.
    She bartends, but I think much of it is under the table. She didn't file taxes last year because she never had an official paycheck. She either filed this year or she just told us she did so we couldn't claim both kids. (When she didn't file last year, she let us claim both, but expected us to give her the money for the 2nd child. She was disappointed when we didn't do that.)
    Report Reply
  • Options
    SariePSarieP

    That's the part that gets me.  DD's BF didn't have a "real" job when our CS was set and of course since I have had no contact with him in 5 years, I have no idea what he is doing now.  I have been so hesitant to go after him for more CS because I make much more money than I was making 5 years ago. The sad thing is, I don't even think he is the one paying it.  I think his mother is.

    That is such a tough call for you.  140/week is close to what DH pays for his ONE child, but both of us work full time.  If you have any idea of what BM makes in a year, you could go to DCSE's website and they have a CS calculator worksheet you can fill out to get an idea of what the change would be just to see if it would be worth pursuing.

    Report Reply
  • Options
    DREWLILYDREWLILY
    I agree with the suggestion of having a lawyer run the numbers for you to see what would be better.
    Report Reply
  • Options
    luckyangelluckyangel member

    https://www.in.gov/judiciary/childsupport/

     

    accordingtoabby.com" "From of suffering emerges the strongest souls. The most massive characters are seared with scars." Kahlil Gibran
    Report Reply
  • Options
    barroshebarroshe
    In our case the courts look at W2's to determine CS.  And the law in the state where we have our CO states that a motion to amend CS will be looked at if either side can prove a major change in circumstance.  Since unemployment is meant to be temporary, I don't think that will change the CS fully, the judge may lower it for a certain amount of time or until your DH gets full time employment again. 
    Report Reply
  • Options
    Ginlyn0Ginlyn0 member

    In our state, they won't lower due to unemployment. When DH got laid off he was only off work for 4 months, they took half of his unemployment for CS (that's the cap that they can withhold in our state). We were barely scraping by and since they couldn't (by law) withhold all of the CS since it was more than we were even getting in unemployment, we still racked up back pay that we are still making payments on...I am so glad he was able to find a good job pretty quickly.

    I think it's unfortunate, in these situations how CS works in my state. DH didn't ask to loose his job, he's not a deadbeat. We were without his income too during that time and I think if the total income is reduced at no fault of the person, then CS should also be reduced during that time. I'm definitely not saying that if someone quits their job, it should be reduced, but in layoff situations, it should IMO.

    BM gave DH such a hard time when he got laid off because she wasn't receiving the full amount  of CS since unemployment only withholds half of the unemployment check. She didn't seem to understand that although she was getting a slightly reduced amount, that she was literally getting HALF of DH's income during that time and we were really struggling because it was a huge decrease in our household income.

    Ironically, now BM is unemployed due to a layoff. Somehow, I hope she realizes now that DH didn't CHOOSE to be not working and how much having a loss of income is a struggle.

    DD(14),SD(13),SS(11),SS(9),DS(3)

    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"