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Question about child support

freeatlast2014freeatlast2014 member
in Blended Families
Does anyone know how this could work? 

My lawyer is suggesting we agree to use a certain (higher) income to calculate initial child support for 1 year and then recalculating it after that time. Could there be a down side to doing this? We are in a tough position because more than half of my STBXH's income is either cash from a family business or gift checks from estate planning. Of course, they only want me to use the measly amount showing on his W2 which is crazy. But I feel like I am at a stalemate if I don't agree to this. However, I don't know if I would need to retain an attorney again in a year (Lord knows the first attorney's bill won't even be close to being paid off at that time). Also, his family will never show more income on his W2 ever so is this just a losing battle no matter what? 

Does anyone have any experience or insight? I'm sure there are details I am leaving out that could be helpful but what I can say is that I was a SAHM for 3 years, we have 2 young children who now need to be in daycare. I got a part-time job about 8 months ago when my in-laws forced me to go back to work (which believe me was a blessing in disguise). But clearly, there is a lot more money out there that I can never use for support. Aagghh Oh and we were married almost 5 years.

TIA!
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Re: Question about child support

  • bayside14bayside14 member
    This post is a little confusing but my advice nonetheless is forget the "reevaluate in one year" plan bc that will never work in your favor. Find a way to get every single penny of your children's fathers income on the table and go from there. And don't let your inlaws bully you. They have 0 say in a support/custody battle. Period. Good luck!

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  • AlwaysForgetful AlwaysForgetful member
    My ex gets paid under the table... He claims he works freelance but he never files any taxes. Honestly, unless the judge says BS, you are stuck in a hard place. My ex ended up being told he only had to pay $33 a month in child support for 3 kids. One is special needs.

    IF they are going to do that, make sure you have in your agreement that he pays 49 % of medical costs that are not covered by your insurance, pays a portion for school supplies, a portion for sports and extra circular activities, and also make sure he helps with daycare.
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  • freeatlast2014freeatlast2014 member
    @AlwaysForgetful ‌ that is absolute bs! I can't believe he can get away with that.

    @bayside14 the judge did pretty much said it's bs but without a trial I can't get him to agree with using anything more than his pathetic w2. We have a panel mediation in 2 weeks so maybe I can try there to agree to a number that we can use going forward. It's a family business so he will always be able to avoid supporting his kids the way he can and should. Sad.
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  • rh10264706rh10264706 member
    I think you might be stuck in a way, because if he was not reporting his income on his income tax returns while you were married and you signed them, it is hard to complain about that now. However if you have filed separate tax returns or something you might have better luck arguing that he has a higher earning capacity. Judges aren't stupid and see people hiding income every day. Sometimes they find a way around that. Good luck!
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  • dmndsr4evadmndsr4eva member

    I'm putting this more for others who might read this.  This is exactly why we try to tell everyone to get documentation.  Before you split or move out get copies of everything financial you can.  I assume if the judge could see income flowing into his bank account over a long period of time that would have helped?

    Also don't count on changing the child support.  What you finally get is what you will probably be stuck with for a while.  No one wants to start the process all over again in a year.  That year will come really fast.

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  • freeatlast2014freeatlast2014 member
    I have years worth of documentation. Huge deposits going into our accounts. Didn't do shit for me cause my lawyer either sucks or says it will cost too much to fight for more.
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