Hello. First time posting on this board, thought maybe I could ask a question someone may have had similar experiences. Thanks is advance. Sorry if long!
My Dh and I married last June. Conceived soon after, expecting our first together in March. He has a 6yo son from a previous relationship.
When we met, he was in the throes of trying to get full custody of his son as the mother, whom he never married, was not that interested in being a mother and was most concerned with getting the most CS possible from him. She got her way and he is paying maximum amount a month, well over 1000. She is the custodial parent, and they have joint custody. My question is this:
Does anyone think we will have a shot at lowering CS payments at the three year mark due to the following circumstances?
We have SS every weekend per CO. FriSun. Usually, even though drop off time is 5pm Sunday, she is not home until much later, and sometimes we just keep him for one more night and I take him to school the next day. In addition, At least one day during the week my DH 's mother takes care of ss as well. That makes at least 3/7 days she is not in care of him.
She is always going on trips and gives up her holiday time to do so. We do not mind as we love having ds with us and wished it were permanent but as much CS as we pay her, it doesn't seem right that she uses most of that for herself. He is always coming to our house in clothes that are too small and ragged.
At the time of the CO, she was a student , and still is. Her sources of income is all government based plus the CS. We think she may graduate to be a nurse within a year so then she will have her own income.
The addition of our son together in March. I'm wondering if judges take that into account in requests for recalculation. Or any of the above for that matter.
Thanks again. Very best to all.
Re: CS Q
Why is your DH's mom taking SS? Is she providing childcare, or taking DH's CO'd time with him?
You can try to get c.s. adjusted. The calculations are made differently from state to state. You could try googling to find the factors listed in your state's calculations.
Other than that if you live close enough it would be worth it to go for shared residential. Try to prove that the child would benefit from being in your care equally. You will still have to pay CS but it would be pro rated a little by days in your home
I think it's just plain WRONG to discourage a grandparent to spend time with their grandchild based simply on finances.
Okay, but the only person we've heard from is the SM. My mom frequently takes my boys and has set "grandma days" and pretty much asks for them several times a week.
I think if the grandma thinks it's too much, she can speak up for herself and draw boundaries. Most grandmas I know always want more time with their grandkids, and I think it would be horrible to deny SS and the grandma this time because the BF thinks he pays too much child support.
Anytime that your H or BM have a significant change of income you can modify the cs. In my state there needs to be a 20% change in the amount of cs for it to be modified. In my state it doesn't matter if you go on to have more children, they do not factor that into the calc. In my state the only factors that go into the calc are timesharing schedule, work related daycare, parents income, number of children they have together, and medical insurance cost.
If she is going to be a full time nurse than her income will probably increase significantly enough for you to get a lowered payment.
If you have more than 35% custody than the cs would be less. If you have less than 35% custody the cs is more.
I agree with this 100%. It is in the best interest of the child to spend time with people who love him including his grandparent. It's better than her leaving him with a stranger, right?
And her asking the grandparent to babysit during her time does NOT count as time with his dad. She could ask anyone to babysit during her time. When my son is at daycare he is still in my custody.