Beyond frustrated about child support
My boyfriend has been over paying child support for way too long. His ex claimed years ago that their son needed an extra $350 a month for private school, but now he is no longer in private school and he wants to stop paying the $350 to his ex. He has proof that his son is no longer in private school and from what I saw he has proof that she requested that money for private school and that's why it was approved.
Now this morning he had a phone hearing about the child support amount and even though DHS agrees with him that he should have his payment reduced the judge seem totally biased to his ex, even with all the evidence we faxed over to him my boyfriend felt the judge was completely on her side.
We don't know what else to do. She is now using that money that my boyfriend was giving her for private school as part of her rent and she even wrote that as the reason why she can't stop receiving that much money from him, even though she has plenty of opportunities to live elsewhere within her means instead of a large house outside of her means living off of my boyfriend's money. She only works a couple days a week even though she could work more but chooses not to and she is always going on extravagant shopping sprees vacations and going to concerts. I'm convinced that none of the money is going towards their son.
This is really frustrating to my boyfriend because here we are staying in a crap hole of a house in total debt and we don't go anywhere or do anything fun because he is over paying his ex and child support with money that she doesn't even need for the intended purpose of having their child in private school which he no longer is. This was the point that was brought up this morning during their hearing and the judge insisted that my boyfriend has no proof that the $350 was to go toward private school.
Has anyone else felt like they had a bias judge? What is going to happen since DHS is on my boyfriends side and they agree that his ex does not need the $350 and has no proof that she isn't making enough money at her job? We are both feeling very discouraged.
I should also mention that in their divorce agreement in one section that shows "husband is not responsible for money to go toward private school for the child if the mother enrolls him in ptivate school"
Only
16 years to go. This is your future.
"husband is not responsible
"husband is not responsible for money to go toward private school for the child if the mother enrolls him in ptivate school"
So your boyfriend decided to pay his ex an extra $350.... why?? Unfortunately, he shot himself in the foot by doing this. His extra unrequired $$ allowed BM to move into a higher lifestyle.
He can hire a lawyer and try to get this changed, but that judge might stand by his decision.
TX2step is correct - this is your future. Your BF needs to follow the CO PRECISELY. No deviating from the schedule. NO EXTRA MONEY.
The language in the agreement
The language in the agreement undercuts your bf's argument that the extra $350 was for private school. Are you in a state with a CS formula? In my state it's based on percentage of NCP's income unless the NCP has significant overnights. How does what he's paying compare to any formula or percentage your state has? It may be the judge is looking at that vs. being biased toward the BM.
Sadly Most Courts
favour the payee and not the payor....unless the payor happens to be an NCP BM. HUGE double standard.
Once overpayment starts it sets a dangerous precedent.
That and the fact that in the US, the feds give kickbacks for highest amount of CS collected...so zero incentive for a downward mod.
If I were you, I'd run NOW. I've lived this life for 14 years and counting. Here in GUBM centric NY, CS goes to 21 and beyond.
My SO (I refuse to marry so that they can use my income in CS calcs) has been overpaying for well over a decade. He pays $800 a month for 2 young adults that he hasn't seen for a decade. Meanwhile the BM lives it up in her Outer Banks vacay home with her hen pecked hubby, StepDaddyBigBucks.
We were on the CP side of the
We were on the CP side of the coin in our blended family adventure. That said... there was a definite bias for the SpermLand resident SpermIdiot over my non SpermLand resident bride in our court activities regarding Custody/Visitation/Support.
We made sure to know the CO inside out, upside down and backwards and to research extensively into the state regulations and supplemental county rules regarding Custody/Visitation/Support. That knowledge helped us to counter much of the inherent bias in SpermLand courts. That and finding a kick ass shark attorney who tolerated no crap from the SpermClan's bottom feeder crappy lawyers.