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Blended Families
Keri6789
member
Child Support Question
Keri6789
member
DH and I are unable to afford a lawyer so I was hoping you all might be able to give me some advice...
BM is saying that she needs to know about our finances and that if there is extra money she is going to have the child support agreement changed so she can get more money. She is saying that any money, including mine, is considered income and that she can have the child support changed. Is my money considered income she can get? I've read over the child support agreement and based on that we are already paying more than I think we should. At the time of the agreement DH was working full time and had his own business. We lost the building we were cleaning so that grately lowered our income. The agreement shows DH makes about 300 more than he actually does. DH is Native American and the tribe issues checks 2 times a year to its members. She is also saying that when that check comes she gets half of it. Well we got our check back in August and she demanded half. We gave her nothing and DH told her that there is nothing that says she gets half of that money. She even had the nerve to say we needed to add up all the wedding money we were given back in August and she should get a percentage of that too!!
She is so money hungry. Before DH and I got together she never had SS. DH had him every single day after school until 8:30 and every single weekend. She never took care of him. SS is still saying he doesn't stay at his mom's house he stays with his nana and she is taking him to school everyday. All she cares about is getting her money. She has even said that she doesn't want a check she wants cash. Thats a big fat no! We aren't about to just hand her cash.
BM is saying that she needs to know about our finances and that if there is extra money she is going to have the child support agreement changed so she can get more money. She is saying that any money, including mine, is considered income and that she can have the child support changed. Is my money considered income she can get? I've read over the child support agreement and based on that we are already paying more than I think we should. At the time of the agreement DH was working full time and had his own business. We lost the building we were cleaning so that grately lowered our income. The agreement shows DH makes about 300 more than he actually does. DH is Native American and the tribe issues checks 2 times a year to its members. She is also saying that when that check comes she gets half of it. Well we got our check back in August and she demanded half. We gave her nothing and DH told her that there is nothing that says she gets half of that money. She even had the nerve to say we needed to add up all the wedding money we were given back in August and she should get a percentage of that too!!
She is so money hungry. Before DH and I got together she never had SS. DH had him every single day after school until 8:30 and every single weekend. She never took care of him. SS is still saying he doesn't stay at his mom's house he stays with his nana and she is taking him to school everyday. All she cares about is getting her money. She has even said that she doesn't want a check she wants cash. Thats a big fat no! We aren't about to just hand her cash.
This discussion has been closed.
Re: Child Support Question
Someone on here will post the link for cs calculations. Of course a judge can choose to make it different, but it's a good estimate for the state you live in (I don't have the link handy). Most states do not count the spouse's income, so you're most likely safe there (but the website will let you know if your state does).
It's very difficult to get cs lowered unless you can show a major reason for the decrease in income, like a sickness/injury or your time with the child has greatly increased. Generally the courts see your highest income as your "potential" and assume you are always capable of earning that, despite the current economy. So you're probably stuck based on that.
I have no clue about the Native American check. I do know my DH receives a disability check each month from the VA, and that is not calculated in our support, so hopefully your check would be similar.
Some states DO calculate the overall household income (that means your income too). Some states calculate only non custodial parent's income. Some states calculate both bio-parents income.
Here is a link to a general list of State Calculators.
https://www.alllaw.com/calculators/childsupport/
However, you still need to get a good lawyer to ensure that you are not raked over the coals AND that your custody (which is different from child support), is not taken away.
And never ever ever give her cash - PERIOD.
If she files, you can go to legal aid to get help. So let her file then.
Don't give her any more money than the custody order states. If she says she needs money for SS's what the hell ever, then pay for that directly. (i.e. write the check to the soccer association and give it to them, or pay the dentist bill in the dentist's office directly)
She doesn't need to know crap about your finances until there is a case before a judge. And then it will be the judge or lawyers who ask for that information, not her.
Click me, click me!
Like the other ladies said, it all depends on where you live.
As far as gift money and whatnot that you may have recieved, screw her- it's none of her business how much you recieved and NO, she doesn't get any of that.
I know that in Ohio, you can request a re-evaluation of CS every 3 years unless there are extenuating circumstances, like the birth of a child. Then you can get re-evals sooner.
I don't know if you can get CS changed to go to BM's mother instead, since it appears that she's the one providing care for the child instead... Might be worth looking into.
Oh, and she has no right to see what your current financial state is. That's information that the courts get to see. If she insists on it, tell her to get a court order.
She is saying that any money, including mine, is considered income and that she can have the child support changed. Is my money considered income she can get? No, you're money is NOT considered income that is computed to determine child support. The only way it would be considered is if your husband loses his job or something of that nature but it would be to determine his living standards (I can't remember the term right now).
I've read over the child support agreement and based on that we are already paying more than I think we should. You'd be surprised what is considered "appropriate" so I'd check before you decide that.
At the time of the agreement DH was working full time and had his own business. We lost the building we were cleaning so that grately lowered our income. The agreement shows DH makes about 300 more than he actually does. Your DH could have filed for a change when that happened.
DH is Native American and the tribe issues checks 2 times a year to its members. She is also saying that when that check comes she gets half of it. Child support is based on GROSS MONTHLY INCOME.
Well we got our check back in August and she demanded half. We gave her nothing and DH told her that there is nothing that says she gets half of that money. She even had the nerve to say we needed to add up all the wedding money we were given back in August and she should get a percentage of that too!! IGNORE HER.
I'd ignore her. She's just harassing you guys into doing her bidding. Easier said than done, I know because my DH and I are falling under BM's angry spell these days. Sometimes it's easier to just give them what they want so they STFU.
PP have answered most of your questions, but yeah, your income will most likely not count. The only point I wanted to make is that in some tribes, they will help provide legal aid, so if you need to, explore that option.