Child Support

[spatterpattern]

Not only does the new hubby's income have nothing to do with the situation, but the laws vary widely (as someone else said) from state to state. In one state I know of, the support is calculated by a complication logorhythm (log-o-ri-thim, say it slowly, the Dissomaster, and into that formula goes the amount of TIME spent with the child by each parent and the income of the custodial parent, insurance, real estate taxes, other children in the household and a few other bits. Then it pops out a number, some times the custodial parent may have to pay the non-custodial parent. Fair? No, but that's the way it is. In CA, for instance, they have a law that says that the Judge can equilize incomes if one party makes less than the other party or demand reiumbursement for legal fees to the poorer party. So for instance, a non-custodial parent CAN get all the legal fees back from the custodial parent if the Judge deems it so. I think it was created to fix the rich producer/actor/director running a poorer parent into the ground with endless legal arguements to bankrupt them. Mind you, the Judge doesn't HAVE to do this, just can if so inclined. So much of it IS based on the Judge you get.

In my custody case, the stupid Judge decided that my son couldn't decide for himself where he wanted to live because he was two weeks shy of his 14th birthday! Two weeks. Made the kid come back to court a month later. At which point my son told the Judge he wanted to live with ME. Two weeks is nothing; why put my kid through tthat? But the Judge did. Different state, different laws.

Best advice? Talk to an attorney in YOUR state to find out how the support is calculated. Just because someone else says that you should get $500/month doesn't mean that the law says that. An attorney can tell you whether it's worth your while to go after more money, usually for a free consultation. So ask someone who knows, that us in the peanut gallery. For all you know, we could be your ex giving you crappy advice! How's that thought?

SP

 

[Luis G]

logorhythm (log-o-ri-thim, say it slowly

algorithm, say it slowly.

 

[Nixy]

Best advice? Talk to an attorney in YOUR state to find out how the support is calculated. Just because someone else says that you should get $500/month doesn't mean that the law says that. An attorney can tell you whether it's worth your while to go after more money, usually for a free consultation. So ask someone who knows, that us in the peanut gallery. For all you know, we could be your ex giving you crappy advice! How's that thought?

SP

She's from Canada and has said that she got her numbers from our federal guideline...so it's not just "someone" saying it...it's the government of Canada saying it...I don't know specifics of American Law but I know that around here it's the government of canada who calls the shots when it comes to federal law.

Her question isn't about IF they're entitled to it anyway...her question is about whether or not people think it's worth the hassel and trying to find out different opinions so she can maybe better understand Ian's stand on the whole thing (whose child and ex are involved here...not Spirit's child and ex)

 

[spatterpattern]

Federal "guidelines". That means that it's not necessarily that. My point was before figuring out whether it's worth the hassle, you need to know how much you might get versus how much you'd have to lay out to get it.

I know a guy who pays support for 5 kids even though 2 are over 18. He doesn't go back because the support amount for the 3 kids who are left would be DOUBLE the support amount he was ordered to pay 10 years ago for 5 kids.

It's also important to factor in the stress on the kids. I've been there and no matter how much you try to keep the kids out of it, they feel the stress.

There's an emotional toll to pay in these cases. How much is that worth?

SP

 

[Gonz]

Find the right person the first time. It's too much work to be divorced.

 

[PT]

algorithm, say it slowly.

Find the right person the first time. It's too much work to be divorced.

Right, cause people never change. And if they do change, then you should just change with them.

 

[A.B.Normal]

She's from Canada and has said that she got her numbers from our federal guideline...so it's not just "someone" saying it...it's the government of Canada saying it...I don't know specifics of American Law but I know that around here it's the government of canada who calls the shots when it comes to federal law.

Her question isn't about IF they're entitled to it anyway...her question is about whether or not people think it's worth the hassel and trying to find out different opinions so she can maybe better understand Ian's stand on the whole thing (whose child and ex are involved here...not Spirit's child and ex)

Child support is Provincial though.

 

[Gonz]

Right, cause people never change. And if they do change, then you should just change with them.

You're only as good as your word.

 

[A.B.Normal]

Child support is Provincial though.

Okay,it looks like there is Federal guidelines based on Provincial location.

http://www.justice.gc.ca/en/ps/sup/pub/guide/step_5.html


I have not been able to find where it includes the new partners income into the equation though?

 

[Aunty Em]

Find the right person the first time. It's too much work to be divorced.

Unless u don't have kids... my ex is going bankrupt, can't say I'm sorry and I'm not gonna cry about it. My nisi should be here in 6 weeks, my absolute 6 weeks after that... then I'll be free to do what I want... and I don't intend to be held responsible for his debts... Time to draw a line under the past.

There's a great deal of change going on in my life at the moment and a lot of uncertainty, so I'm just tidying up some legal loose ends.

Over here a proportion of the new partner's income is included in your assessment towards your living expenses for both parents. How much support you pay is not assessed by a court but by the the Child Support Agency following formulas set down by the Government, and they can deduct it directly from you pay before you get it if need be.

 

[Mare]

I'll probably get all kinds of shit over this, but I have to get this off of my chest to a fairly impartial crowd of friends.

When Ian (hubby) was separated from his Ex, they agreed on $200 per month in child support because she didn't make much money. (She left the kids behind upon his insistance.. so she was paying support). Well, now she's married and their combined income is about 30 - 40k per year which, according to the federal guidelines, means they should be paying about $440 - $500 per month for the both of the kids.

Ian and I were discussing this and he tells me that, had it not been court ordered in the divorce, he wouldn't take any money at all from her because he didn't want anything to do with her or her new husband. So, he's not going to ask for the legal amount.

This pisses me off. Perhaps it shouldn't, but I resent the fact that that 2 timing little bitch gets away with everything. She destroyed the lives of her 2 kids as well as a man who loved and was devoted to her through thick and thin.

She lives the high life while we struggle with 6 people to support and she's not made to account for anything.

I think Ian should ask for what is due to him and if he doesn't want that money in the house, then put it in an account for the kids for when they are older. One of them is deaf (along with a list of other handicaps) and is really going to need all the help he can get when he is older.

grrrrr....... I don't know.... I'm just pissed about it. 200 is an insult.

But then I understand how Ian feels.

But... I'm still pissed.

I know exactly how you feel, just was in a different situation. You have to remember this though my dear, "All GOOD things, come to those whom wait". I'm not saying wait patiently, for the sake of the kids you can't. Some ppl just dont have the humanity to know what it really does take in life to raise a child/children.

 

[Spirit]

She's from Canada and has said that she got her numbers from our federal guideline...so it's not just "someone" saying it...it's the government of Canada saying it...I don't know specifics of American Law but I know that around here it's the government of canada who calls the shots when it comes to federal law.

Her question isn't about IF they're entitled to it anyway...her question is about whether or not people think it's worth the hassel and trying to find out different opinions so she can maybe better understand Ian's stand on the whole thing (whose child and ex are involved here...not Spirit's child and ex)

Thank you, Nixy.

Right, cause people never change. And if they do change, then you should just change with them.

Ya - see - my ex spent all our money on MLMs and scams and even cashed in our life insurance on *a sure thing* and then we lost our house. Even after that, I stuck it out. Then we had to pawn stuff. He job hopped on a monthly basis. We were forced to move at least once a year. I couldn't do anything to help him and he wasn't helping himself. I gave it the best 12 yrs of my life and that was that. Now, along with my new man, we pull in a good income, he has a steady job and supports the idea of me being a stay at home mom and we are in the process of purchasing the home we are living in now. My kids have never experienced this kind of stability in their lives. So - ya - I wouldn't change and be like my ex and he wasn't going to straighten himself out, either. He's been living with his parents since we split.

I have not been able to find where it includes the new partners income into the equation though?

The lawyer told us that during his divorce.

I know exactly how you feel, just was in a different situation. You have to remember this though my dear, "All GOOD things, come to those whom wait". I'm not saying wait patiently, for the sake of the kids you can't. Some ppl just dont have the humanity to know what it really does take in life to raise a child/children.

Maybe nothing will happen. I have to leave this in Ian's hands and trust he will do what is good for him and his 2 kids. I'll support whatever his decision is - no matter how stupid it might be