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CS Questions for 50-50

lovedbyone72's picture

1. Has your BM/BD been ordered to find a job? I think it's a capacity to earn or ability to earn title of some sort.

2. Has your BM/BD been caught in lie after lie regarding income statement to CS?
a. If so, what was the consequence? Was your BM charged with contempt, perjury, or charged for falsifying documents? Whatever the penalty may be, please list it.

We have a BM who *can't* find a job (for over 7 years), yet remarried, moved over 4 hours away, and lives off of her new hubby's income, and has no other children to even be a SAHM. She even stated in Mediation that her husband makes enough money so that she DOESN'T have to work. I know that new hubby's income can't be imputed into her income for CS, so can she be forced to work since she has a child to support?

Custody is currently 50-50 with incomes (at divorce) roughly .50 cents hourly difference. Voluntarily quit her position to move to new hubby's location, and swear on the bible, stated at last court hearing that she was working for cash, since the time she filed for CS--which wasn't noted on her CS form 3 years ago, and wasn't noted once again for the review. Now it's review time, and she's unemployed yet again.

I just want to know that if she is once again truly unemployed, has your judge ever required the BM/BD to GET A JOB and support her/his children? Isn't that just a lack of voluntary unemployment? I've searched jobs in our area, as well as her area, and trust me, there are a lot of jobs out there that she would qualify for.

Please don't come down on me to harshly. I do fully support child support for those who work our asses off and still have deadbeat birth parents, but in this case, she would rather be a rich housewife of XYZ, and live off of CS than to get her own job, and rely on herself to raise her child. THAT pisses me off! I am a BM. No CS. 50/50, and I work for my kids and my family.


lovedbyone72's picture

The Judge forced her to continue schooling in their hometown since she was capable of driving her EOW for the past 5 years, and live her with family during her placement period. Smile That was our big score in a 2 day court battle for placement.

smomof2's picture

Hi DH and the ssons'BM have 50/50 (in reality the boys are here about 70% of the time) but as far as the CO it's 50/50. BM has been unemployed forever. 2 years ago, the judge ordered her to get a job within 6 months or an income of $2000/month will be inputted on her. When 6 months rolled around and she didn't get a job, nothing happened. yep, the judge gave her more time. And then right before the next court date, she got a job for about two weeks and then quit so when she showed up in court, she said looked I tried and had a job but was laid off. Like I said it's been 2 years and every time it's the same game, the woman can't or won't keep a job to save her live! She has been living with a roommate for the past 2 years. DH has made peace with the fact that she'll never support the kids financially and the court won't do anything about it and that's just how it's going to be.

crew77's picture

In texas you can file contempt of court charges on her. Have you looked into that where u live?

lovedbyone72's picture

Thank you! It's so nice to hear what I've been thinking in my own head! She can and is able to work, so it's high time to find a job! Did you happen to kiss your Judge after that statement Rising? }:)

HadEnoughx5's picture

Two years ago, DH won 50/50 custody thru a drawn out trial.

Here's the back ground on Swamp Hole- She quit her job in 2006 and told the skids she quit because "no one was nice to her" Sad and hasn't worked since. She lived off the alimony and CS DH was CO'd to pay. Then Swamp saw the alimony was ending and decided to secretly marry ex-boyfriend who was dying of cancer. While married to him she stole 2 months worth of alimony and refused to pay DH a payout upon her remarriage.

DH did get the alimony back and eventually the payout through the court. 9 months after marrying, the hubby died of cancer. She now collects 43k for the skids from their step dad's death bennies.

6 weeks later, Baby Daddy #2 came into the picture. At 43 she had a baby with him and last year they had a "falling out" and now she collects another $1200.00 in CS for the lust nugget. However, she still keeps him around while screwing the next sucker.

All together, Swamp Hole makes 83k, tax free. She has falsified financial affidavits and cries poor Sad At the time of their divorce she was capable of making 43k but one Judge bought her "I can't find a job" story and reduced her capability to 20k.

To this day, no one has actually put this bitch in her place. It's like the squeaky wheal always get the oil.

learningallthetime's picture

In my ex's case with BM, he had never worked, yet obviously had money coming from somewhere and had no tax returns. Based on the fact he represented himself capably and had a college education the judge said he was capable of earning $40K a year and was "voluntarily underemployed". Child support was calculated on that basis.

Passive Outsider's picture

Keep in mind, DH has primary AND legal custody. Kids are with us full time. Not 50-50.

1. Has your BM/BD been ordered to find a job? I think it's a capacity to earn or ability to earn title of some sort.

Nope. Instead, she has all this kid-free time for hiking, zumba, the YMCA, and don't forget her favorite.... finding ways to make our lives a living hell.

2. Has your BM/BD been caught in lie after lie regarding income statement to CS?
a. If so, what was the consequence? Was your BM charged with contempt, perjury, or charged for falsifying documents? Whatever the penalty may be, please list it.

Yes. Consequence? Nothing.

When DH took her to court for contempt of CS order, judge said she's not in contempt because she doesn't have a job (although she was found to be deliberately depressing her income). She presented a list of links from craigslist where she claimed she attempted to find employment.

When it was found that she lied about DH's income before, when they DID have 50-50 and DH was ordered to pay nearly $1k/mo, nothing happened. Judge just made the permanent order retroactive, which gave him credit for anything he overpaid. And the bitch STILL tried to call Bradley Amendment on that, and tried in Appeals to get over $9k in back child support--when she wasn't even providing for the kids to begin with, and they were finally living with us full time.

stressed-mom's picture

I'm curious if anybody knows a way around this in MI? DH has full custody of SD8. BM1 has EOWE visitation that she does not utilize. When DH got custody of SD8 BM1 was pregnant with her 2nd. She had no job and was collecting cash assistance from the state. It's been 5 years. BM1 now has 3 other kids and is living off cash assistance (and prostitution). DH was told that because BM1 is getting state assistance that automatically opts her out of having to pay CS. Why the hell does she not have to at least try to work? Isn't that a stipulation of something or does MI just give out money now?

BSgoinon's picture

Any exchange of child support for 50/50 fries me. Why can't the parents be responsible for the child while they are with them?? 50% of the time? Seems completely logical to me.

I fear the day BM actually TRIES to take us to court. She hasn't worked (steadily) in 8 years, DH makes 6 figures. I make decent money (about 1/2 what DH makes) I don't **think** they can take mine in to consideration... but even just with her not working and DH making what he makes, it burns me to think he would have to support her LAZINESS!!!