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CS Question...

outofplace's picture

Hi ladies!

I'm expecting my first child in early November. (squee!) We are scraping by financially. I was wondering if child support can be lowered if my SO is expecting another child? Or is that generally not done? BM does not work, and recently dropped out of school. So her only "income" is CS and what her fiance makes.

Comments

outofplace's picture

I'm totally fine with letting the courts decide what is fair. She's getting $1500 a month but the judge told her she had to get a job soon. That was 4 years ago... She could have a degree by now, but decided to half ass her schooling till her father got fed up with paying for it... Then dropped out.

BTW she also wants my SO to pay CS till ss7 is 25. Insane.

sandy1234's picture

CS ends at 21 im almost positive. Maybe another STalker can clarify?

Also, the Judge will NOT like the fact she has made no progress. He will feel disrespected because she showed.she didn't take him seriously. Most judges are like that.

outofplace's picture

I hope that's the stance he takes... She is also breaking a CO and allowing her fiance to punish ss7, he was deemed to be borderline physically abusive and definitely verbally.

sandy1234's picture

Document it all. Google how to prepare for custody hearing in your state. Go prepared! You know she won't be.

outofplace's picture

We do write down the things he says, and take him to a therapist. Not sure what else to do...

Poor kid asked how we'd feel if "BM's fiance's head got cut off by a guillotine". Of course he got this idea from one of the many PG-13 movies he's been allowed to watch. Cray 2

outofplace's picture

Right!?! It's sad to think she would actually encourage him to stay at home and be lazy just so she could collect a check she doesn't deserve at that point.

KiFire's picture

It's hard, in my experience children born after CS was already establish have no bearing on CS. I've even heard the judges where I live chastise men for bringing up new children asking for a break. Just, tread carefully.

outofplace's picture

That makes sense, KiFire. Thanks for your input. We are increasing our time with ss7, so at least that should make some difference.

The judge seemed to indicate that he knew he was ordering a high amount, but expected it to be adjusted within a couple years due to her getting a job. Unfortunately, it hasn't happened....

KiFire's picture

Oh well that might be a bit different. CS here is a percent, that's it. Done. So that there is no negotiating based on visitation or other children. So my there never would have been a "pay her more til she get's a job" increase. That sucks.

sixteensmom's picture

our cs goes to the august following hs graduation. then bm got a raise in her alimony payments for the next 3 years.

Shook's picture

Our state too 17-25% till 21 yrs of age. And our golden uterus still wanted the CS to continue to be given to her even when skid was with us the entire summers & even after we got full custody of skid. LOL but she lost every battle so far in court, now she owes us Smile

outofplace's picture

Our state is 17-25% as well. But he is paying 25% for one child. That's why I say the judge knew it was a high amount. He really "counseled" her of the need for her to have a job. Said it was her responsibility to provide as well.

StepMomTaxi's picture

Start documenting stuff immediately and keep detailed logs.

OH YEA...and tell your DH NOT to tell BM you guys are documenting stuff!!!!!
My dumb dumb DH did just that when he and BM were in an argument and well, now that she knows, she's been covering her arse with eveything. Before we had tons of stuff pouring in to document and support his side. Now....not so much.

ritchierich's picture

It all just depends on the state. My state gives credit for the amount of overnights you have and if there are Subsequent born children.

Willow2010's picture

She's getting $1500 a month
++++++++++++++++++++++++++++
That is absurd.

In Texas, you get a very small break for more kids.

Shook's picture

We were paying more than that in CS. Our state is based on income. I know a lot of women who got divorced with CS +alimony & you'd faint how much they get a month.

tryingmom's picture

CS until 25?? Not sure how that will work. There are some states that have CS enforced until 21. Some BMs seem to think that CS is their paycheck and will do anything to continue to get that paycheck forever.

TX is a percentage of income, DH pays 25% for two kids. BM never worked, has just started a part time job. She has allowed both kids to fail school this year and isn't too concerned about how this will affect the kids, she knows that CS will be paid until each child graduates from HS so I guess she figures her pay will extend another year for both kids.

outofplace's picture

California is percentage based as well. But he's paying 25% for one child! That's why I believe it was calculated high and the judge knows it!

z3girl's picture

What state are you in? In NJ, that's very possible. In NJ, more children will not change CS to prior children. I guess the state feels that if you can't afford your existing children, you shouldn't have more. And CS can last until 26 here, but that's dependent on grad school. If it's in the CO, then it'll happen. If not, and both parents have graduate degrees, then CS will continue. SD is now 22, and just graduated from college. DH is still paying child support, but it should be ending around now. DH is just too lazy to get the paperwork done. Ugh. But he was expecting to have to pay CS until September or so anyway because sometimes they want it to continue past graduation so the kids can get on their feet. Ugh!

outofplace's picture

We're in the same boat, Whoanelly. BM started going after us for paying half of ss7 medical bills until she realized we pay $250-$500 a month on his therapy! She refuses to give us one of his insurance cards, or even the information off of it, so we have to pay out of pocket.

I can totally understand a young adult living at home for awhile. But they damn well better have a job and be paying their way in my house! For her to get CS until ss7 is 25 he'll have to go to college directly after highschool and stay in there for 7 years! And not work! WTF!? Interesting that she has a plan that's so beneficial to her before the kid is even old enough to come up with one for himself! I mean who wants to live at home when they're 25?!?

She is incredibly greedy and selfish. So sad Sad

qtpie013178's picture

Don't go back if she's not working, it could go up. Her fiancé's income doesn't count. In Ohio, even spousal income doesn't count. So her new husband could make more money than your husband, but if she is not working, your husband will still pay more.