BM is along for child support
BM is asking for child support of $350 per month. In the divorce in August she was able to get $60,000 total out of the trust fund, equity of the home, and savings. She is claiming my b.f started making more money which isn't true. She knows we are expecting a child together. I'm assuming that's why she filed for child support 8 months after the divorce. She makes about $50,000 a year and gets $1,500 per month in veterans disability benefits. Now she wants SS to go to a private school that charges $10,000 a year. I told my b.f that is ridiculous since childcare is $260 per week on average in our area. Plus I have another little boy that will be 1. My boyfriend and I live in the same household. Is there any way my b.f can contest the child support or reduce it?
He likely won't get out of
He likely won't get out of paying CS if he doesn't have 50/50 custody and similar income to BM. Most states have online calculators that will tell you how much he should owe in CS. $350 is pretty low.
She can shout he makes more
She can shout he makes more money from the courthouse roof, but if he doesn't, he doesn't,
The split of assets during the divorce is not relevant to child support. Neither is your one year old if SO is not the dad.
lieutenant_dad's suggestion of using the online calculator is a good one. It will tell you what is likely to be ordered. SO should consult a lawyer. While CS usually follows the calculator, if he doesn't want private school tuition ordered, he should have a lawyer with him.
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I know all that money is settled in their divorce. If we ever separate I plan to file for child support. Does the money he gave her in the divorce matter when it comes to his obligation to our child?
Unfortunately no. Child
Unfortunately no. Child support is always fluid. You cannot decline child support. You might have a slim glimmer of hope - IF it is speifically written in thier decree that child support was pre-paid with a lump sum amount. However, even that is subject to change. The hope would be a judge would not be thrilled she was back in 6 months looking for more.
He can confront her in court
He can confront her in court at the CS hearing. He knows what she makes, what her disability income is, and you and he can easily look up your State's CS calculator and enter his financial information and hers, as well as the parenting time parameters to get a pretty accurate I dea of what his CS obligation will be.
Most judges will go with what the calculator guidelines stipulate. BM can ask for whatever she wants, the odds of her getting it if it exceeds the guidelines are slim and none.
Do not be intimidated by her. Call her on anything she pulls.
File for CS now and have him
File for CS now and have him agree to your request so it is settled quickly. In family court it is quicker than Supreme court where you have to go back for 3 years after a divorce have him contest her request and drag it out as long as possible. Until you are granted CS.
The first one who gets it gets 17% the second will only get 8% and the amount continues to decrease with each childm first one to file wins!!
Also request and have him agree to 50% daycare and medical. This will all effect how much BM gets when she files.
Wait a min, are you really
Wait a min, are you really suggesting this? IMO they should both enter their fully disclosed income and the child that is not living with his other parent should receive what the court dictates. It's really shady and morally wrong IMO to screw his other child out of proper support while her kid is living with him and receiving direct support and time, etc. This is just trashy advice to be honest.
Not sure what his salary is but they should both be honest- and yeah, $350 for CS is really nothing. Or should he have no obligation to support the child he created?
Honestly, $350 in child
Honestly, $350 in child support isn't bad, and he's not likely going to get out of it. The money she gets in a divorce does not cover the child's ongoing support, and most states include helping with child care and extra activities on top of child support. He should fight to not be on the hook for private school, though.
$350 a month for child
$350 a month for child support is very low. And you want to reduce it.?? The court doesn't care that this childs father is your BF and you have children. Whatever money or assets BM has is hers. The court will take into consideration her income and your BF's income.
350 is low
check the online calculator.
Child support is based off of the parameters and when in court for decision, the judge consults a table. This is what happened for my DH. BM got mad and filed two weeks after we got married. She got $3347, which is on the low end. This is back when she was working and I have a feeling that she is going to file for more, because:
1. This year it will be 3 years in August so she can have it "up for review".
2. Shes not working. She hit her head on monkee bars at the school she was working at and has been working on 3 different court cases suing the wchool system. She has been getting money through workmans comp. And they give her chunks for a settle ment. So far shes gotten $85 k over a period of almost 3 years...she also was getting spousal support until last march 2020. And Munchkin SD14 tells me all the time that "things are tough with money and there are problems making rent"
3. she thinks DH "owes" her, because shes a golden uterus high conflict bm.
NCPs should support their
NCPs should support their children. Period. That said..... CPs, regardless of how much CS they recieve, are on the hook for far more than just financial support. As for how much............... From the CP's perspective... as much as possible. From the NCP's perspective as little as is reasonable.
Where that lands will invariably piss off one side or the other.
People comment that $350 is not that much.... I agree. In our blended family adventure and 16+ years of living under a Custody/Support/Visitation order.... The SpermClan paid $110/mo for a year, $133/mo for 9 yeaers, $785/mo for 2 years, $385/mo for the last 4 years. The whole time they were crying to SS about how it was not fair that he had advantages that his three younger also out of wedlock SpermIdiot spawned half sibs by two other baby mamas did not have and how having to pay CS for SS was taking food out of his younger sibs mouths.
I really do not care about the blended family opposition. I care about my family. So, the dance of the CP trying to maximize CS while the NCP tries to minimize CS makes sense to me.
Though I am the CSP in our blended family situation, I completely understand an NCP getting their money's worth out of the CP for the CS that the NCP pays. As much as courts and society wants to force an NCP ot pay CS, it is not normal for an X to benefit from the success and resources of their own X. A CP has zero accountability for accounting for how CS is spent, the courts will not go there, though IMHO they should. A CP should have to account for how ever penny they receive in CS is spent. But, that is not how it works.
We did not ever complain to SS about the low level of CS his SpermClan payed. Though we did give him the facts when they would complain about having to pay CS at all. Even the pittance they payed. He knew that they paid next to nothing but we made sure to give him the message that they did care about him and did pay CS to help with his support. It was bullshit... the care about him part anyway.
That he has had to learn that truth, is a sad thing for his mom and I.