So...Nothing went her way. When they got there it turned out they weren't even on the docket for today for some reason. They sat down to explain to the docket guy why they were there so that he could either put them on the docket or schedule them to come back another day. BF's's lawyer explained that there was no change in his income and if anything it had gone down because of gas prices and that we're going to have a baby soon. She said that her income had gone down significantly and that's why she filed the petition to modify. Then the lawyer asked her why her income had gone down so much and she said that she was collecting unemployment. BF's lawyer asked her why she was on unemployment, and she said that she got terminated with no option of rehire because of her son's medical problems (she didn't mention when). He said, "You can't get or keep a job because of your son? Maybe we should fix that..." She was livid! Then BF's lawyer asked BM if she had been looking for a job the whole time she's been unemployed. She wouldn't answer him. So that right there proves that she's not "unemployed," she's voluntarily underemployed, which BF's lawyer will be able to use to BF's advantage later. Then she said, "Well if him having a baby with his girlfriend is going to affect my child support payment then I think her income should be considered in the payment amount!" The docket guy quickly jumped in and was like "Woah there! We're not going to change the way that the guidelines are applied." He explained to BM that my income doesn't have anything to do with her son just like if she had a boyfriend/husband, his income wouldn't have anything to do with any children BF might have with someone else. Then the lawyer explained that they can't do this hearing today anyway because according to BM there's a conflict with the judge, so they continued it until July, which of course pissed her off even more. BF thinks she's going to try to get the case moved to her county but that won't help her anyway because the judge down there doesn't like her either. When they were walking out of the courtroom BF's lawyer said, within earshot of BM, "Yeah, considering everything I think you have a great shot at filing now. We'll take care of everything. I think now is a great time for you to file." He never came out and said, "for custody" but BM caught the jist. Her jaw almost hit the floor!
Thank you all for thinking of us and keeping your fingers crossed. Another small victory for us! Yay! 
Kudos to you, your attorney and that judge!
It's so refreshing to hear that the court doesn't always side with the psycho BMs.
So far here, the court has sided with our psycho BM.
I mean, BM's income went WAY up since the DD, BF's went way down and yet the CS was still increased to the point where BF takes home $500 a month after taxes and CS????
At least I can languish in your good news!
??
What possible reason could they have had to raise it? Did they say?
*~So sayeth Nymh~*
The only thing i can think of is
that BF could no longer carry 100% of insurance (dental, medical) for 3 skids. he had to move to a job because of medical reasons that didn't have insurance anymore (less physically demanding work). BM "verbally agreed" to putting skids on her insurance (she gets MEGA insurance, perks at her gov't job) and so when we got to court she wanted to be reimbursed retroactively (now 6 mos gone by) at 120% of what she was actually paying for insurance for the 3 skids!
So our attorney worked out a deal (her attorney said in court "we're feeling GENEROUS!" cough cough) that BF would pay an additional $13.50 weekly to BM to "reimburse" her and not retroactively. BF would have been over $2K in arrears b/c of the continuances granted by her attny and ours!
Good thing I got an attorney for BF even though he was DEAD SET AGAINST getting representation (he always is; he went pro se in the divorce as he agreed to in the mediation, BM went in with legal guns a blazin' even though THAT was in violation of the mediation agreement)
Needless to say, BF was sodomized sideways in the divorce (no stipulation stating that BF paying 100% insurance was contingent on his employment status, etc.)
This is the same BF that paid 100% of HIS salary to BM for 6 mos after she threw him out so that BM could "get back on her feet!" Gave BM 100% of the proceeds of the sale of the marital home, I could go ON and ON with how many times BF was OVER generous with the walking womb b/c of the skids.
He now sees that his generosity WILL NOT be reciprocated by the egg donor (ahem!)
P.S. Our attorney also informed us that the cosmetic ortho that BF got railroaded into paying during the DD, will be going away in September, something that BM would have NEVER told us about of course, so in the meantime, BM is busily thinking up of "illnesses" to keep the CS up high from now until September. Youngest SS5's leg has now caught her eye as he has a slight "in toeing" when he walks.
It NEVER ends!
wow
can anyone tell me if ANYONE takes into consideration the fact that biodad has another baby with his new wife and if that affects his payments to biomom for his son with her? i mean, i and our daughter are dependents and he supports us. don't they take that into consideration? i mean, why should one child be more important than the other? that's bullsh*t if you ask me. i live in canada by the way and the BM wants thousands of dollars in backpay from biodad based on his last few years of income. we have a new baby and she does not care one bit. all in the name of 'their son' she says. well, i happen to know that not one dollar will go to this boy and she and her new hubby and two new kids will be using it for the entire 'family'. does this not seem wrong to anyone or is it just me?
Just trying to be a Stepmom without getting Stepped On.
In Minnesota
I believe you can get your CS reduced if you have additional children, however they take the other babies mother's income into it.
Our BM was concerened DH would do that & went so far as to make him promise not to. ( I am pretty sure her BF did this to his EW when he knocked up his GF who he left when she was pregnant) She got real defensive when Dh brought up the BF & even said it wasn't her fault we had a baby.
Well hello, not my fault they had two kids & I pay for that every fricken fday of my life.
I told my husband if she EVER says that again & in my presense I will kick the crap out of her infront of her own kids if necessary.
Our son together is just a wonderful & special as the two they had so bite me.
Here in Idaho
Here in Idaho, they don't care at all about other children in the home and by having another CS order in place, we were able to use that as a deduction for CS. We could have 3 kids in the home and CS wouldn't be reduced for that. It sucks cuz our CS just went up almost $100 and then we got hit with back support.... The judge actually retroed back 13 months, took in a law that wasn't in effect until the next month and then papers weren't signed for another 6 months. It was/is horrible!!! Glad to know that BM can go on another cruise w/o SS. It bites.
no i think its completely wrong
but the courts see it as your...and im not kidding here..."2nd" family doesnt relieve u from yr obligation to the first. sick eh? especially in those cases where the kids werent born out of a marriage or "family". now, in my case, my FH wants a "family" w me, and we cant afford it rite now bc of BMs paycheck. grrrr
what to do?
i am 22 years old and brought up with a mom who is well pretty much a pathological liar... i have always caught her in lies but never thought any thing of it... now that me and my sister can talk (before my mom used to say things about me to keep my sister away) we are trying to do something about the situation because i have 2 brothers living with her... me and my sister have a hard time trusting people and believing what people have to say which makes it real hard to have a relationship with someone... my mom used to say things like she had cancer was dying...she said things that my dad beat her... and thats where it came down to year she had called the cops 4 years ago to get my dad arrested... she puts things in my brothers heads to make them hate my father he wouldnt hurt a fly... i need to know what i can do or what im aloud to do is there anything i can do?
In Canada
In Canada regardless of province, CS is calculated soley on the father's income. The mother's income is not taken into consideration, only when calculating section 7 expenses does the mothers income factor in. As for the second family that also doesn't matter in the calculation. However there might be some loop holes but only if you have a good lawyer.
no offense to your home
but that is ridiculous...what if mom made 3x what dad did? he would still owe her??
A step in the right direction!
Well done it was nice to read that you are having some success and promising signs about custody and CS.
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