We asked her to file CS about 2 years ago. She hasnt yet!!!
DH sends BM a check to help with SS9 every 2 weeks and deposits at least $200 a month into SSs savings account. He volunteers to pay for any extra curricular activities he would like to do and also pays for new seasonal clothing. He has tried to establish CS on his own since she hasnt and he wants everything to be legally documented and on track. We have been asking her to but she always has some king of excuse not to, but then threatens to file when she gets mad. We dont understand her. Anyways today she texts DH saying she is on her way to file but it is his choice to either start sending her more money so she wont do it or she will have to file so they can give her more. Well sweetheart, my husband had been unemployed for a few months now while he put himself through the police academy, hasnt been hired yet and just might start looking for another job but we live very comfortably with our rental income every month. We both invested in rental properties but they are in my name and pretty much my business on paper. So we are pretty much paying her out of the kindness of my heart and for my husbands responsibility since there is no CS in place. Id love for her to file and realize that she will be getting much less than she has been. Not sure if the court would try to dip into my accounts since my husband isnt working but if they do we would definitely fight it. So does anyone have any idea why she would keep from filinf or how my DHs unemployed situation could affect me?
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We keep all copies and print
We keep all copies and print check as she cashes and signs for them. There is no CO but it is getting so bad when she gets in bad moods that it is now necessary. Thanks for that info because we were getting our joint returns ready to be put in our files to have ready for court!
I see that you're in Texas.
I see that you're in Texas. Here is the TX OAG website https://www.oag.state.tx.us/cs/index.shtml it has a wealth of information ranging from an approximated CS calculator to information.
Is there no court order in place? If not, your DH needs to take care of that ASAP to ensure that BM doesn't mess with visitation (or at least he'll have it on paper should she try later on).
They should not take into consideration your income at all. However, they may possibly consider your DH's "potential" income meaning what he COULD be making.
Why has your DH not taken care of this? Making payments directly to BM could burn him in the long run.
Thanks for that info! He has
Thanks for that info! He has called lawers from the child home state but they keep telling him that only she can file. We keep a copy of every check sent and write in the memo tha tit is for him but we understand that it could be considered only a gift. There is no CO since it has been pretty civil in the past but we are filing for that since she has been getting more difficult on visitation now that she got a divorce and goes on rage mode everytime she changes boyfriends now.
Don't gloat too much. You'd
Don't gloat too much. You'd have to show that the rental properties were fully bought and are fully funded/maintained by your inome alone in order to "not count" that. You can't just put assets in someone else's name and avoid CS. If it was that simple, every rich NCP would do it and pay CS based on minimum wage.
Not to mention, being unemployed "a couple months" isn't necessarily long enough to be considered a zero income. It could be imputed. AND cops can make a pretty penny (my brother is a cop) and CS can become very high.
Stop waiting for BM to file. Tell your DH to get off his ass and handle his business. Seriously.
^^^ This is unfortunately
^^^
This is unfortunately true, on paper it must be solely funded by you unless you go another legal way like rent, and only if he does live there, AND your marital home is not the place that he "rents."
I am in your shoes, OP,
I am in your shoes, OP, except DH works in my case and he pays CS only from his income.
However, everything is under the name of an LLC, which is owned by me. Everything is separate except he pays "rent" to the LLC to help cover the mortgage and property tax.
The other business he had that rented the building (which I had purchased with my own money anyway) was bought out by me--except he didn't get a single cent (and therefore can't be counted in CS, not like it was, anyway since it was always operating at a loss that he had to pour money into it) due to the fact that I bought it for its 30k debt to its creditors. I also get paid by my tenants for my house (one I received prior to marriage as a gift) paying directly to another LLC.
Afford yourself another level of protection and put everything under a trust or LLC, then BM can touch exactly jack shit. The set up costs for an LLC is expensive, but it's worth the protection it gives. Trusts are annoying because you're not dealing with shares and clear cut buys and sells.
Considering I (the LLC) have over 100k left in a seven year mortgage (six now), and about 20k in property taxes a year, DH paying just 1k in rent a month and NOTHING ELSE (he gives me $75 for food a month, lol, and that's it) is letting him off easy, and if BM comes looking to nab my income, I'll lay out those numbers for her and show that if I ask him for half, she'll get even less. On paper, my own income is only 1/3rd of what DH makes, from my day job, since everything from the companies go to paying off mortgages and debt. Keep it in there if you have to, but chances are, don't worry, it is VERY hard for BM to gain jurisdiction over you if you keep everything locked tight.
Unfortunately I am the main breadwinner of the house, and hell, I'm taking DH to court (with his permission of course, considering he contributes nothing except the rent to anything else in our lives) for CS when our kid is born. This eats up the little he has in income and BM can go suck it.
PS. It pays to have a really good accountant and a really good corporate attorney.