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he told them he hated them and now hes taking me to court

hammesamie's picture

So my kids dad is taking me to court because he doesnt want to pay all the child support he is paying. He thinks that now that Scott and I are getting married, his payments should get lower. So after the child support recovery unit denied his case he went and hired a private attorney. This is after he told me the reason he couldn't see the kids is because after child support he has no gas money, and he can't even keep food in his house, etc. etc. Yet 3 months ago when I went to his house to get an insurance card and his son asked to go to the bathroom, I came to realize some girl lives with him and he has all these things he told me he didnt, and when his son said he had to pee, he looked his son in the eye and said "Im sure your mom will take you to the gas station." This man has told his kids he hates everyone even them, and when I refuse to let him see him says oh well. But he wants to take me to court over child support. He pays 1200 a month for 3 kids, but is making 5800 a month.... boo hoo!

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Anne 8102's picture

When it comes to CS issues, I have found that the best - and really ONLY - way to deal with it without losing your mind is to make yourself forget all about what the other person has. And that goes for both paying parents and the ones who get the check. Focus on the calculation only, because that's how a FAIR amount is determined. That calculation takes the emotions out of it and determines a fair amount based on real variables, like childcare costs, insurance costs, salaries, etc. and not on unrelated emotional variables.

If he's ordered to pay $1200 based upon your state's child support calculation formula, then it's a fair amount, end of story. Unless anything has drastically changed, such as him losing his job or you getting a much, much better-paying job, then the amount will probably not be adjusted. The test is whether or not there has been a qualifying event or drastic change in circumstances. Getting laid off and having to take lower-paying employment might be something that would cause the amount to be lowered. Buying a new house or sports car and needing money to put towards the payments is NOT a qualifying event. Getting a new GF with expensive tastes will not cause the amount to be lowered.

I wouldn't worry too much about this, unless you are making substantially more and/or he's making substantially less than when the CS amount was calculated. Your new DH's money absolutely WILL NOT affect your ex-husband's CS obligation whatsoever. Your ex is wasting his time and money fighting this, in my opinion. Frankly, he's got a better case against his atty for malpractice... I mean, it's unlikely a judge will change the amount if the CS recovery unit felt that it was fair.

My husband makes just under $7k a month and he's paying $800/month for two kids based on a formula. His ex makes more than he does, so her contribution is higher than his. The cost-of-living where we live is ridiculously high, so that salary isn't as high as it sounds. We're basically paying $400/month per skid, but there's no way we spend that much on our two who live us. That's hard to take sometimes, but as long as I remind myself it was based on a fair calculation, then I get over it pretty quick. I think you should do the same... remember that it's based on a fair calculation and he probably won't be able to get it changed. No sense worrying about something that may not happen. The only satisfaction he'll likely get out of this is seeing you stressed and upset, so try not to worry about it too much. And definitely let us know what happens along the way. I'd be really surprised to see if he can get the amount lowered by any significant amount. My husband's ex took him back to court to get more and it actually ended up being lowered. Have faith!

~ Anne ~

Ladies and gentlemen, take my advice: Pull down your pants and slide on the ice! -M*A*S*H (Sidney Freedman to the OR staff on dealing with stress)

Cruella's picture

The problem in our case is that the BM lives in another country and claims she is making about $4.00 an hour! and we can't prove any different and this is really frustrating. The Judge flat out told her any documentation from another country proving her salary is no good because he can't verify it. The Judge will probably impute her income to the last known salary which was about 5 years ago and we know she makes more than that. Her last salary amount was also a lie. I don't know how this is going to turn out.

Caitlin's picture

Your posts just made me realize just how SCREWED my poor fiance is when it comes to child support! It's worse than I thought!

Hammesamie, my fiance makes approximately 1/3 what your ex makes and sends almost the same amount in support for ONE child that your ex sends for THREE. Maybe he ought to feel grateful instead of acting like you're robbing him blind.

Anne, my fiance makes around 1/4 what your DH makes and sends significantly MORE in support for ONE child than your DH sends for TWO. Of course, this is because BM doesn't work and is therefore held responsible for $0 of supporting their child. He sends 60% of his pay to them and has nothing left for our family together. Of course, if you read my recent blog, you'll see that this will all be changing in about 8-10 weeks.

Hammesamie, why don't you mention to your ex that you have a friend whose fiance puts out 60% of his income in support for one child, which would mean $3480 for him?! That might shut him right up! I think that $1200 will sound a lot more reasonable to him.

Cruella's picture

My husband has custody of his 3 kids and they only gets $400.00 per month for all three of them!!! That doesn't even cover day care! He is in the process of taking her back to court for a modification. She claims she only works part time! She is hiding her income because she lives in another country. Why should she be able to only work part time when both my husband and myself work full time? I should be the one that should be able to work part time if I want to. I raised MY children already. I am not sure how this is going to go however it seems to me it is her responsibility to get 3 jobs if that is what it takes to take care of her own children. She is remarried and sitting by her pool most of the time according to the kids. His Attorney flat out told us that it is hard to collect CS from the Mothers? Why is that??? If it is income vs income then the court as I already know is biased against custodial fathers.

Could someone explain to me why mine and my husbands income tax returns are being supoened into this court case. I have made it known load and clear I don't want my information shown. I don't want her to know ANYTHING personal about me. It is none of her business since in my state they don't look at my income.

Gwen's picture

Your bio says you live in Ca. That means that if you and your hubbie file taxes married jointly, BM has the right to know how much you make for purposes of plugging your hubbie's tax liability into Dissomaster. Our attorney says you can avoid this disclosure only by filing married single, which has other ramifications.

Cruella's picture

I did not put the right state in. I would LOVE to be in CA right now LOL!!! Typo...sorry. I live in NC. How does this Tax Liablity thing work? He has custody so he gets the tax break. Do you know if it applies to NC where Steps are not included?

Anne 8102's picture

We lived there during the divorce/custody/CS court crap and the calculator for NC does take the income of both the BF and the BM into consideration, but does NOT use the income of step-parents to decide support amount. They probably want the tax return to show what his deductions and liabilities, and also his adjusted gross income. Talk to your attorney about blacking out info that is pertinent only to you, such as your name, SSN, earnings, etc.

~ Anne ~

Ladies and gentlemen, take my advice: Pull down your pants and slide on the ice! -M*A*S*H (Sidney Freedman to the OR staff on dealing with stress)

Cruella's picture

Thanks Anne,
I spoke to my Husband's Attorney already and she said she was going to black stuff out but she didn't want to black out too much (I am the main income) cause it might appear we have something to hide. I didn't understand that. Seems to me they could have just used his W2's. Oh well as long as she doesn't know where I work and my SSN I guess it will be ok. I am just afraid this Judge (who is anti Dads) will look at the income and even though he isn't supposed to take my income in account will think well I will just give BM a break. She is hiding her income and flat out lying to the court but we can't prove it.

hammesamie's picture

I have to take my taxes into the court to, but my lawyer said the other parent is NOT responsible to pay for kids but make sure from now on you file seperate just to cover all areas!!!

Cruella's picture

Same thing here in NC. I actually filled my taxes out as separate but then I personally had to pay big time so we decided to go jointly. We will see how this goes.

hammesamie's picture

I actually live in IOwa

everythinghappens4areason's picture

In Ontario the payor must provide his/her income for child support. It does not matter what the other parent makes. They can not take into account what the step parent makes here. BUT, for any extra's like medical, dental, extra curricular, etc., both parents must provide their incomes and pay in proportion to it. They have a special calculation for it. If you make more, you pay a higher percentage.

In Quebec, only a province away and still in Canada is completely different. They take into account both parties income to calculate the child support and extra's.

Guess from what I am hearing from others, I am glad for a change that we live in Ontario!!!

By the way Hammesamie you have a bunch of beautiful children there!!! If dad doesn't want to see them, don't enforce it. I found that my kids adjusted better when I accepted this. The kids adjust to their surroundings. I don't & haven't put him down, but now that they are older and ask questions about things they have flashbacks about, I am honest with them. Their dad owes me $86,000. No enforcement agency has ever been able to get me any $. The way I look at it, as long as the kids are happy, somehow I have always found a way to provide for them. Things have been tough financially, but in the same instance, the kids appreciate what they have.

Corie