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Blended Families
Court / Child support ??
Hey girls... long long time lurker, super infrequent poster here.
Small back story, DH has had full custody of SD (18) and SD (17) since 2009 when BM went off the deep end and didn't see the kids for almost a year. Around 18 months ago BM seemed to get her *** back together and SD2 was allowed to move back in with her mom. They went to court and stopped child support since one girl was living with each of us. Things had been going downhill fast at BMs house and on thanksgiving it got really bad, and without typing a book, it ended with BM beating up SD, a call to CPS and the girls haven't talked to their mom since. SD is back living with us. AFter she came back a lot of bad stuff came out that they had been hiding from us, BM is dating a drug dealer, stole $300 from SD to get an abortion, SD was finding her own rides to school, paying for her own food etc. Anyways.. none of this is really important to my question.
DH had court again this morning with his Ex. He filed for child support when SD moved back in with us. (BM didnt bring any paystubs to court last month so it got pushed to today). Anyways, according to the NYS calculator it came out to she should be paying $136 a week. (25% of income, she waits tables at olive garden... and pretty sure thats lower than what her actual 25% would be). She told the judge she couldn't afford that, and somehow the number $50/week came up and the judge asked DH if he would agree to it. He was pissed. said no. and said he would be back with a lawyer. They have another court date for Feb 1st.
Ok, my question is. She can't just say "I can't afford that" can she? I mean.. if DH doesn't agree to letting her pay less, shouldn't they just go by what the state calculator is?
We have legal coverage through legal resources through my job, and DH is going to call, but I'm pretty sure this isn't covered 100%. We don't really want to pay a lawyer, I mean all we want is the legal amount mandated by NY. which is 25% for 2 kids.
And even though I rarely post, just wanted to say thanks for all the insight, and letting me know I'm not alone out here!
This discussion has been closed.
Re: Court / Child support ??
There is state minimum here $100 per child per month or %25 however, since kids are almost 18 I am not sure I would push getting lawyer. Mine cost $2500 if we would have had a trial it would have been $4000 and that is on the inexpensive side. Is it worth that much to get child support for a year?
No, she can't just say "I can't afford that". However, she could quit her job. And 25% of nothing is worse than $50. And it sounds like she is not above doing that.
It's up to you if the court battle is worth it, but you'll likely end up paying anything you get awarded to a lawyer and then some.
Can they compromise somewhere between $50 and $136? I know it's not right, and it sucks that the system is what it is. I'm sorry you're going through this.
Yea, we aren't going to hire a lawyer. It's not worth it. DH is just going to back to court and ask that they just use the calculated amount, we were just wondering if the judge could pick a random amount and say this is what it is, if DH doesn't agree.
BM separated from her new husband about 6 months ago so she is on her own, I doubt that she would quit her job now as she doesn't have any family to fall back on and she has to pay rent and eat.