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Could he end up owning her? Domestics

newstepmomof3's picture

So his ex/BM of 3 (future skids 11, 13, and 14) was suuuuuper nice to him the last week or so. Very out of character. And the daughter, 13, suddenly stops messaging me. Then yesterday he meets me for dinner and tells me he got a letter from domestics that she is filing for full custody? And probably support. He makes 32g a year. She is the head nurse at a local hospital and makes a ton more than him. (I don't know what nurses make but I know she's well off and married to a guy that's well paid).

The letter doesn't say the grounds that she wants full custody we are just assuming this is her tactic. If she gets more than 50/50 what are the chances he could owe support? We are wondering what in the hell she stands to gain here. Sad

Disneyfan's picture

Go to your state's CS calculator and plug in the numbers. I tree will give you an idea of whag he may end up paying.

Mom's husband's income should not matter at all. SPs are not obligated to support their Sks.

newstepmomof3's picture

I don't know that she is filing for full custody- but he works long hours and she's always complaint when they are there by themselves which isn't to often and is never after 10pm. I know you can't walk thru the oldest boys pigsty bedroom and I've wondered if that'll be brought up but other than that I don't know. We'll he is losing his house in bankruptcy (selling it is getting him out of bankruptcy). That may be why?

Rags's picture

He probably won't end up owning her but he certainly could end up owing her.

IMHO kids should have equitable access to the total income of both of their bio parents.

In my SS's case we made sure to forward his best interests including forcing his Sperm Idiot to pay CS even if it was a pittance. As the Sperm Idiot grew his herd of out of wedlock spawn the rants from the Sperm Clan about how unfair it was that SS had nice things that his younger Sperm Idiot spawned half sibs didn't grew in volume. That just motivated us to make sure SS got his share and to not let the Sperm Clan off of the hood for the Sperm Idiots stupid decisions.

As unfair as it may be that subsequent children are discounted by the family court system the fact is that a child should not receive less support from its parents because either parent decides to have additional children that they can't afford. In an intact family situation all children in the home receive equitable benefit from their parents income. In a situation where either or both mom and dad don't have the character to make it work then the kid must be protected by someone. Sadly that falls to the bottom 10%er morons of the legal profession who end up in family law.

Most states use some version of the Income Shares CS calculation method. It is based on the incomes and parenting time of both bio parents with % support assigned to each parent in alignment with their income and amount of time the kid is with them. My bride was always the CP and though over he course of our 17+ year Custody/Visitation/Support CO she earned increasingly far more than the the Sperm Idiot his CS just kept going up, and up, and up. He added three additional also out of wedlock spawn, CS went up.

Interestingly the formula tends to penalize the NCP by forcing CS to go up even when the % of allocated support for the CP goes up. Because the total income provided by both bio parents goes up over time. So even if the NCPs income stays static or decreases if the CPs income goes up the NCPs CS obligation goes up.

If you end up with less than 50/50 then it is a near certainty that your DH will owe CS.

I suggest that you Google the child support calculator for your state and run the numbers. You can run a variety of scenarios and get a pretty good picture of what the result of BMs custody attempt will be regarding CS if she is successful. If she is going for custody the common response is for your DH to counter file for custody. Get your facts fully documented including BMs out of the home time due to her career. It is not likely to have any adverse impact on her claim since she is a degreed and successful professional working to support her child but everything you can compile has a chance to help your case.

All IMHO and opinion of course.

Good luck.