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CS and jsut found out a few things don't know what to do!

purpledaisies's picture

Submitted by purpledaisies on Mon, 01/17/2011 - 2:02pm

Ok I just found out exactly how much my dh makes including over time. Now since dh has been working for this company he has always had over time but of course that goes up and down. I thought he was making a little less then what he is really making which is why I thought it was only 56 difference but it is 101 difference.
Now bm has not taken dh back to get more cs why I don't know but she hasn't. Now I'm scared that IF she finds out she will. I know that some may say that it is wrong to not want to pay more but my bm refuses to get a job and lives off CS and expects dh to pay half of everything she buys the kids. On top of that she plays all kinds of games with the kids and all the usual crap along with messing with my kids by trying to get them arrested and other crap. Of course there is more to it but still.

Comments

Unfreakingreal's picture

Submitted by Unfreakingreal on Mon, 01/17/2011 - 2:08pm

Well I'd have the boss pay him his OT on a separate check so when it comes time to go back to court the OT isn't shown. I'm totally against giving these BM's more than they deserve.

skylarksms's picture

Submitted by skylarksms on Mon, 01/17/2011 - 2:48pm

I also get upset about the OT. In our state, it IS included. But don't the courts realize that it could be taken away at any time?

I know when I first met my H, his CS was really high. This was because he was trying to get as much OT as he could to afford CS AND a place to live! Little did he realize that it would make his CS go UP!!!

Willow2010's picture

Submitted by Willow2010 on Mon, 01/17/2011 - 2:31pm

I don’t think that OT should be considered for CS. HOWEVER, I think that it usually is, in most states. I know in Texas, if it is shown to be fairly consistent, then it can be figured in to CS. Stinks, but unless he goes for a long time with NO over time, they will most likely figure it in.

And sorry, but do not try to hide it, that can bite you in the butt big time.

Butterflykissesandlicks's picture

Submitted by Butterflykisses... on Mon, 01/17/2011 - 2:42pm

The states look at W-2's - W-4's and any 1099 which do include and and all OT pay.

Rags's picture

Submitted by Rags on Mon, 01/17/2011 - 2:49pm

Regardless of how much CS is or is not if additional sharing of expenses is not mandated by the CO then the only money that DH should inject that benefits BM's household is CS.

He should spend whatever the two or YOU decide when the kids are with you.

We are SS's Custodial Household and we do not ask for additional money from BioDad. We will nail his ass to the wall for his half of med expenses not covered by insurance as the CO stipulates he should pay but we won't ask for any more other than 16yrs worth of penalties and interest on the ~$4K he has failed to reimburse us for over the years. We have more than a dozen rejected registered mailings of the bills he owes us for.

We did ask for half of band instrument costs, band camp costs, etc but the Judge said no so we have not asked for anything since that was not included in the CO.

somerg's picture

Submitted by somerg on Mon, 01/17/2011 - 2:57pm

ot shouldn't be counted, it's "unexpected" income my dh's ex tried that, didn't make it past the attorney's

Rags's picture

Submitted by Rags on Mon, 01/17/2011 - 3:07pm

No doubt that OT should not be counted. However when I was laid off during the Semicon Bust my wife and I did not get any love from the court. I worked until Sept 20th then was laid off. I got 42 weeks of severance pay and had to cash out a ton of stock options. Though I had no job my income for that year was nearly 3X what it usually was. The next year, while I was still unemployed, we went back to court to get CS increased while BioDad was attempting to get it lowered. The judge ranted about how we made far more than she did the previous year and how could we counter claim an increase in CS. She had no choice but to raise it since it had been ~6yrs since the last CS amendment but she was PISSED!

I kept reminding her that I was not earning anything other than Unemployment and last years income was no longer relevant. She finally threatened me with contempt so I shut up.

So, OT should not count but that will depend on the judge.

purpledaisies's picture

Submitted by purpledaisies on Mon, 01/17/2011 - 3:19pm

No we have never hid anything it is just that bm has never went back to modify the CS. Why I don't know but it is a good thing as I can assure you that dh will not pay for half of the kids actives that he does now that is the ones that bm will talk to dh about. He told her he would be more than happy to pay half if she would include him about them. He will also not pay for half of field trips and such things that he does now. I bet that might be why she hasn't tried to get more CS. He does help her with certain things but not for excessive things like the 130 pair of shoes she bought ss15.

I agree I think OT should not be counted but in my state it is. Plus as I said dh's OT has been consistent from the time he started about 5 years now.

simifan's picture

Submitted by simifan on Mon, 01/17/2011 - 4:03pm

In PA here
When I was pregnant and expecting to be out 12 weeks w/o pay, DH's boss let him work in the warehouse (usually is not allowed) since there was an opening & he knew our situation. BM took us back for a review & CS when up even with a letter from DH's boss stating when OT would end & that it is usually not available.

In one year we requested a review, being able to prove 10000 less in income. The judge & I use that term loosely told DH well you've made your payments for a year it is obviously not a hardship & they stayed the same.

Be very, very careful....

NCMilGal's picture

Submitted by NCMilGal on Mon, 01/17/2011 - 4:17pm

Purpledaisies, we're in a similar situation.

BM got $532/month in 1998, and $622/month in 2003 (why yes, DH was stupid enough to marry her AGAIN) and hasn't tried to take DH back to court for more CS since. Meanwhile, Congress has really been boosting military pay (on average, it was 4% or more in base pay per year, not to mention longevity raises) PLUS, DH has been promoted - soon to be twice. His income is literally almost double what it was 8 years ago.

BM lost her job 5 months ago - her DH makes decent money, but the salary of the guy he replaced was in the local paper, and there's no way he can afford all of the crap she's bought on credit.

Best case scenario (BM is imputed with a reasonable income and travel and insurance costs are taken into account) CS goes up almost $200. Worst case scenario - CS goes up by $400 or more.

So we hide everything from SD15. We hide the new vehicle he bought. We hide the promotions. We can't let SD15 be proud that her daddy will be the highest enlisted rank. Because BM will find out, and it'll be at least two attempts at raising CS; now, and when he gets promoted again.

It really chaps my ass that this cow can make stupid decisions that affect my life.

purpledaisies's picture

Submitted by purpledaisies on Mon, 01/17/2011 - 4:28pm

I hear ya, it is just so sad that people have to hide things for fear of not being able to support their family or themselves b/c of greedy exes!

herewegoagain's picture

Submitted by herewegoagain on Tue, 01/18/2011 - 4:35am

Idiots in Texas even counted my DH's vacation pay because the year we moved here the first time he did not take vacation as he was getting settled...yes, VACATION pay...after that he had to either take his vacation or not take it and get paid for it...but CS was NEVER decreased even if he took his rightfully earned vacation...

Commissions also go up and down...in some studies done the hardest hit people in this economy mess where those who worked for commissions...because although on PAPER it looked as if they still had a job, thus not qualifying for unemployment, etc...many made 30-40-50% less than in previous years due to low commissions...my DH was one...CS was figured on 89K and the next year the economy sank and he made 60K...the next year 55K...not because he is lazy, as he was STILL the top seller in his division, etc...but because of the economy...the CS was NEVER decreased...Needless to say prego 15yr old loser, her mother and two other loose girls she's raising are living a nice lifestyle from CS while OUR family does without and we are basically renting now after always having perfect credit and nice houses thanks to ME! Eventually the nightmare ends...I am counting the days...I think the loser baby mama will drop out by the time she's 18...she's only in 9th grade and 16 1/2 with a baby...no more money after that...she's lived the high life while OUR SON has had to do without...