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Child support and changing careers?

Bethm1687's picture
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Hey! My name is Bethany. 1 week after my fiancé and I got engaged, his ex took us to coffee with a typed piece of paper and slid it in front of us. She then told him if he didn't agree to her new stipulations she'd take him to court. Fast forward. We are now happily married and she did take him to court. We've been battling in court for a year. After talking to a lawyer they told him he should be getting child support for his 3 children, as she makes 2 x as much as him.

 

She wanted to change custody to essentially get weekends OFF from the kids. My husband works Saturdays (he's a hair stylist business owner) and told her that he is not going to be available to even spend time with the kids. my husband hired a lawyer in defense who then told him his rights for child support. Well his ex is furious and doing everything in her power to NOT PAY HIM. Including trying to get a vocational evaluator to "prove" he's not working to his capacity. Thank God the judge denied that silly motion. The next court hearing is in June, and she just changed careers starting in May, and informed him the kids won't have insurance for a month because her new job takes 30 days to get benefits. Isn't this kind of negligent? (She is required to maintain the kid's insurance per their divorce paperwork.) Also, she will be married this month and her husband has great insurance, but she refuses to get on his because it would make her child support increase. And God forbid she supports her children more than she needs to. 

my question is - if she makes more income, isn't this a stupid move on her part to change careers 1 month before court? If she makes less income do you think the judge will not make her pay guideline support?? Btw her partner makes 15k per month! We are in California so I know the judge won't look at his income. Any input is greatly appreciated!!!!

ndc's picture

People often make career changes because they have an opportunity or it makes sense for them at the time, and CS is not necessarily a major factor in the decision.  Would you pass on an amazing career opportunity because it might affect CS one way or the other?

As for insurance, she can likely sign up for COBRA retroactively for that one month gap if it makes sense to do so. The BM might know what she's doing there.  How does putting the kids on her new husband's insurance affect her CS? Is BM actually telling you that CS is why she is or is not making these moves, or are you just assuming that?

 

Survivingstephell's picture

What are the odds the skids will use that insurance for one month?  
 

Your lawyer should be able to prove she is underemployed if she is trying that tactic, ( as she tried with DH's Saturday situation)  You have a HCBM, high conflict birth mother who is going for vengeance. One has to wonder what set her off.  Now that she has a rich hubby, does he have deep pockets who will pay for her to play around in court? That should be your main concern, that she keeps up the games to bleed your side dry.  Is your financial situation protected from this?  If not how do you make it so?  

notsurehowtodeal's picture

The anonymity of this site is its strength - you can speak freely here because you know you are anonymous. You might want to consider changing your avatar to something other than a picture. Someone in your real life could find you since you are using a real picture.

As far as you question about her changing careers - it is hard to tell. There are many legitimate reasons to change careers a month before a hearing. There is also the possibility she is trying to avoid child support. The judge may or may not see the real reason. Your best bet moving forward is to buget so you don't have to depend on child support since it seems this is going to be an on going issue.

 

Aniki-Moderator's picture

Since BM is legally required to maintain insurance for the children, she needs to look into her available options, such as COBRA. Trying to force her exh to pick up the coverage is a manipulation tactic on her part.

Rags's picture

to your post.  Some CP oriented, some NCP oriented.  As most STalkers are married to the NCP, you may hear notable support for the NCP BM in  your situation.  Or not.  That you are the CSP, you will also find some notable support.  

First, welcome. I hope that you find this to be a good place to vent, contribute, and to pick up some useful perspective from others who are living or have lived the blended family adventure.

I very much applaud you and your SO for enforcing his rights and for holding BM's nose to the grindstone.

One thing that is profoundly the case most of the time is that the only enforcable support that an NCP has to pay is CS or anything else otherwise stipulated in the CO. Usually this may be providing heath insurance, paying half of any medically related expenses not covered by health insurance, their portion of visitation travel costs (whether local of long distance visitation is in place), and anything else clearly stated in the support element of the CO. 

We were the CP half of the mix.  We were given clarity that CS covered all of the NCPs responsibilities to the support of their children when those children are not on visitation with the NCP.  CS covers all of the NCPs support responsibilities. Extracuriculars, clothing, food, housing, transportation, etc.. unless otherwise stipulated in the CO.  The Judge in our case gave us this clarity when we attempted to bill the NCP for half of the costs of musical instruments and lessons. Nope. CS included extracurriculars too.

California is not alone as a state that does not consider SParent income, etc... in assessing CS.  Most if not all do not consider SParent income. Though some do have stipulated considerations for the SParent income to be considered in order to give the NCP an income reduction allowance to lower their CS if the opposition side SParent has a notable income that "provides for an artificially elevated standar of living for the child".  Which, is the case in the people's republic of SpermLand (Oregon).  While my income as the SParent could not be directly considered in establishing CS, my income was used to give the Spermidiot a $1000/mo reduction in income to lower his potential CS.  I am married to the former CP.  Our kid is now 30 and aged out from under the CO 12 years ago.  The $1K/mo income reduciton only lowered the SpermClan's CS obligation to my SS by $50/mo.  SO no big deal for us... or for them.

As for NCP BM not taking her weekend visitation, the only real advantage an NCP has is that their visitation is theirs to either take or decline. In the event the NCP declines their visitation, the CP has no choice but to continue to care for the kids that they are the CP for.  If BM surrenders her weekends and the % of custody shifts more to your SO, that could indicate a change of circumstance that would raise the BM's CS due to the shift of parenting % under the Income shares model which is the CS model used by most States.

When it comes to BM failing to pay her CS on time and in full, every time she fails to pay, your SO should slap her with a contempt motion and drag her to court. Each and every time.

As the CP side of our adventure, we made sure to enforce the CO to the letter using every means at our disposal. Lega, financial, social, etc....

IMHO, you and your SO would be well served in protecting the Skid(s) from their toxic neglectful BM.  Learn the CO, learn the supplemental jurisdictional rules, learn the State regulations, leverage them to protect your family and the SKid.

THat is what we had to do to protect our son from the shallow and polluted end of his gene pool.

In the 12+ years since SS-30 aged out from under the CO, he has gone on to a successful career, become a man of standing who is repsected in his profession and community, and is a man of character.  His three younger also out of wedlock Spermidiot spawned half sibs by two other baby mamas on the other hand... One is on the dole, one is in prison, and the youngest is not far behind the inmate.

DW and I are appoaching our 29th anniversary.  Our son, my former SS-30 who I raised as my own since he was a toddler, asked me to adopt him when he was 22yo. We made that happen.  Together the three of us have made a family and kept the SpermClan under control. At least as far as most of their toxic crap and PASing attampts towards our family are concerned.

I suggest that you and SO start to introduce the Skids to the facts in an age appropriate manner. Review the CO with the kids, give them the facts of the divorce decree, BM's manipulations, etc, etc, etc...

Kids need the facts to be able to protect themselves as they are growing up, and to protect themselves from the toxic side of their blended family existance once they reach adulthood.

All IMHO and experience of course.

Good luck.

Take care of you, take care of your family.

 

 

 

Rags's picture

to your post.  Some CP oriented, some NCP oriented.  As most STalkers are married to the NCP, you may hear notable support for the NCP BM in  your situation.  Or not.  That you are the CSP, you will also find some notable support.  

First, welcome. I hope that you find this to be a good place to vent, contribute, and to pick up some useful perspective from others who are living or have lived the blended family adventure.

I very much applaud you and your SO for enforcing his rights and for holding BM's nose to the grindstone.

One thing that is profoundly the case most of the time is that the only enforcable support that an NCP has to pay is CS or anything else otherwise stipulated in the CO. Usually this may be providing heath insurance, paying half of any medically related expenses not covered by health insurance, their portion of visitation travel costs (whether local of long distance visitation is in place), and anything else clearly stated in the support element of the CO. 

We were the CP half of the mix.  We were given clarity that CS covered all of the NCPs responsibilities to the support of their children when those children are not on visitation with the NCP.  CS covers all of the NCPs support responsibilities. Extracuriculars, clothing, food, housing, transportation, etc.. unless otherwise stipulated in the CO.  The Judge in our case gave us this clarity when we attempted to bill the NCP for half of the costs of musical instruments and lessons. Nope. CS included extracurriculars too.

California is not alone as a state that does not consider SParent income, etc... in assessing CS.  Most if not all do not consider SParent income. Though some do have stipulated considerations for the SParent income to be considered in order to give the NCP an income reduction allowance to lower their CS if the opposition side SParent has a notable income that "provides for an artificially elevated standar of living for the child".  Which, is the case in the people's republic of SpermLand (Oregon).  While my income as the SParent could not be directly considered in establishing CS, my income was used to give the Spermidiot a $1000/mo reduction in income to lower his potential CS.  I am married to the former CP.  Our kid is now 30 and aged out from under the CO 12 years ago.  The $1K/mo income reduciton only lowered the SpermClan's CS obligation to my SS by $50/mo.  SO no big deal for us... or for them.

As for NCP BM not taking her weekend visitation, the only real advantage an NCP has is that their visitation is theirs to either take or decline. In the event the NCP declines their visitation, the CP has no choice but to continue to care for the kids that they are the CP for.  If BM surrenders her weekends and the % of custody shifts more to your SO, that could indicate a change of circumstance that would raise the BM's CS due to the shift of parenting % under the Income shares model which is the CS model used by most States.

When it comes to BM failing to pay her CS on time and in full, every time she fails to pay, your SO should slap her with a contempt motion and drag her to court. Each and every time.

As the CP side of our adventure, we made sure to enforce the CO to the letter using every means at our disposal. Lega, financial, social, etc....

IMHO, you and your SO would be well served in protecting the Skid(s) from their toxic neglectful BM.  Learn the CO, learn the supplemental jurisdictional rules, learn the State regulations, leverage them to protect your family and the SKid.

THat is what we had to do to protect our son from the shallow and polluted end of his gene pool.

In the 12+ years since SS-30 aged out from under the CO, he has gone on to a successful career, become a man of standing who is repsected in his profession and community, and is a man of character.  His three younger also out of wedlock Spermidiot spawned half sibs by two other baby mamas on the other hand... One is on the dole, one is in prison, and the youngest is not far behind the inmate.

DW and I are appoaching our 29th anniversary.  Our son, my former SS-30 who I raised as my own since he was a toddler, asked me to adopt him when he was 22yo. We made that happen.  Together the three of us have made a family and kept the SpermClan under control. At least as far as most of their toxic crap and PASing attampts towards our family are concerned.

I suggest that you and SO start to introduce the Skids to the facts in an age appropriate manner. Review the CO with the kids, give them the facts of the divorce decree, BM's manipulations, etc, etc, etc...

Kids need the facts to be able to protect themselves as they are growing up, and to protect themselves from the toxic side of their blended family existance once they reach adulthood.

All IMHO and experience of course.

Good luck.

Take care of you, take care of your family.

 

 

 

Lillywy00's picture

Hire the top lawyer in the city to keep her from weaseling out of her obligations. She sounds like an opportunist. 

Or beat her at her own game, call her bluff, and give her full primary custody so she HAS to pay for them AND physically take care of them on a daily basis.