You are here

Quick legal help

Jay86's picture
Forums: 

Quick question, SD is 16, out of control, legal issues, permiscuois, failing and it goes on and on. We've decided to let her go with her dad in another city. If we let her live there, will he be able to take child support out on my wife and I? Help quick please

Rags's picture

Yes BioDad will be able get CS from your wife. Very likely not from you though. At least it is extremely unlikely.

Since your wife does not work the Judge will likely impute at least a minimum wage income to her and use that to calculate her CS obligation. That is if she has no skills, it could be higher if she is a trained or educated person. In which case the Judge could impute an income to her in line with the reasonable income of someone with her skill level.

An interesting characteristic of the Income Shares model which most states use (except for Delaware) to calculate CS is that the total amount allotted for support of a kid is based on the total combined income of the BioParents and is allocated on a % basis with the higher earner responsible for a larger share of the child support dollar. If the NCP is the higher earner then their CS obligation is comparatively large and vise versa. The interesting part is this. Even if the CP is significantly the higher earner the NCPs actual CS obligation will go up as the CP's income increases even if the NCP's income does not increase.

Go to your state's online CS calculator and play around to get an idea of what the likely outcome will be if BioDad goes after CS. If the CO is not issued by your state go to the calculator for the state with jurisdiction over the CO. This is how I discovered that as my brides (Dual major BS, MBA, CPA) income increased the SpermIdiot's (Voluntarily intermittently employed licensed plumber) CS obligation increased though his income did not.

Indigo's picture

Hope so. BioDad should pay for 1/2 and BioMom (your wife) should pay for 1/2 of ALL care for this teen.

BioMom (your wife) currently chooses not to work outside of the home, but that does NOT change her requirement to ensure food/roof/healthcare for the child she created. Don't forget braces, tutors, contacts, dermatologists, psychologists, sports, summer camps and then higher education (college).

The state may charge BioMom with past due child support if BioDad claims food stamps, HUD housing, CHPS+ benefits.

Parenting classes may be cheaper.

If you would like to play "what if" see if your state has a child support calculator on their website. In my state, unemployed, underemployed parents still owe child support. Incarceration may be cause to reduce support, but it still accumulates.

Acratopotes's picture

make it very very clear to SD - once she moves, she can not return...... visit yes, permanently back hell effing NO...

see she believes Daddy is less strict then mommy...after the honeymoon is over, 3 months, SD will ask to come back..

but your income is safe

twoviewpoints's picture

Talk to your lawyer. If Mom has custody of the one teen that's 15 and Dad takes custody of the problem 16yr old, child support may be a wash. Your wife needs to get the change properly filed though and any current CS that now stands for the two children to reflect the changes.

Thumper's picture

Yes.

BethAnne's picture

Yes your wife should be paying and can be ordered to by a judge. Children cost money and where there are 2'parents they are both responsible for the financial burden, not just the father. If your wife is not working then child support will usually be calculated on her earning minimum wage for 40 hours a week. This may vary though depending on your state or her ability to earn a higher income or other factors. As always, talk to a lawyer who knows the laws where you are.

Jay86's picture

I have to get her out, she is physically and mentally breaking down my house with false accusations, running away and nonsense, her sister (15 y/o SD) is an honor roll kid and we're like best friends. I've exhausted EVERY option to help her over the past few years and it's futile. I give this kid my all and treat her the same as my 2 year old son, and with her crying wolf so much, I'm afraid they'll try and take him. Sorry I'm rambling guys but I don't have anyone else to talk to, everyone else's go to answer is blame the parents and "have got tried talking to her" seriously....... No I've financially drained my account but haven't tried talking to her. It's just frustrating

BethAnne's picture

That is all well and good, but your wife is still her mother and still has obligations towards her daughter. If you and your wife want the child to go and her dad agrees to take her then I don't see why you haven't spent $200 consulting with a lawyer to establish your wife's rights and responsibilities and then your wife written up a parenting plan to discuss with her ex for them to agree on and get signed off by a judge. There seems to be a lot of prevaricating. Is your wife ok with her daughter going or are you pushing her to accept it?

Jay86's picture

It's a mutual agreement, including her. You're 16, and if you hate us so bad enough to cause CPS to investigate fake claims, and put mom in the hospital with a mini stroke brought on by stress from her, it's time to go.

BethAnne's picture

That is fine. You still need to sort out the paperwork and finances. Frankly I don't care why your sd is going and if your sd is in agreement or not. The adults need to handle this accept their responsibilities and do it properly if they don't want it all to blow up in their faces later.