Modification of child support
My husband and I have been paying $300 a month in child support to his 5 year old daughter's mother for 4 1/2 years. We have 50/50 legal and physical custody with a week on/week off schedule. My husband and the BM were never married and this child support amount was agreed to in mediation because BM was living at home and did not have a job at the time and my husband wanted her to be able to afford transportation and basic needs plus we were going to daycare. She had SD on medicaid so insurance was covered that way. We went back for a modification of child support in May of 2015 because BM had been working as a manager at Dillard's since about 2 weeks after the mediation was done so she was employed for close to 2 years. The judge heard the case and said it was not considered a "change in circumstances" becasue she did not think a retail job was reliable enough to be considered "full time employment" so we continued paying the child support even though we disagreed. Now I am pregnant and due in January and got a job with the state of Alabama so we will be adding SD to our insurance for $450 a month as well as having daycare expenses for the new baby. I am needing advice on whether this same judge is going to throw our our request to remove child support just because we are married and have 2 incomes even though they are not supposed to consider that. My husband only makes about 35k annually and I only make 30k annually. The BM has a steady job now where she makes about 30k annually as well. I just do not see why we need to keep paying child support. I hope the judge agrees. Do we have different standards becasue we are modifying an agreement?
They shouldn't take your
They shouldn't take your income into consideration, but they might anyway. The insurance issue will likely help - BM may be ordered to pay some of that.
Is there only one judge?
In our county there are only
In our county there are only 2 judges and we were told that because we were already on her docket we would stay there.
In some states (mine), even
In some states (mine), even with 50/50, the higher earner still pays Child Support.
Is BM still employed at the same place?
She has a new job at a car
She has a new job at a car dealership now making more money than she did before. She has been there for about 2 years. She lives at home and doesnt have the same expenses that we do (house payment, utilities, etc.) I know they dont factor any of that in but its frustrating that our child support goes to her brand new 2018 car she just purchased 3 months ago.
Hopefully the judge will
Hopefully the judge will consider her car dealership job a more stable one, stop CS and order her to pay half of insurance.
That is messed up. In the
That is messed up. In the Province (in Canada) that I live in if both parents have 50/50 custody and with incomes of $30k and $35K the higher earner would have to pay $33.00 per month in cs, not $300.00.
I hope you can get this worked out.
Your income (as spouse) nor
Your income (as spouse) nor the fact you are adding another child to your household are non-factors in CS calculation in Alabama.
The fact SD has been on Medicaid and will now be under actual insurance with premium provided by your household will 'count' though. Daycare for your new baby does no count, but daycare and/or before and after school care for SD on Dad' time does also 'count' .
It may not 100% eliminate CS, but it is a change in circumstances (going from taxpayer provided healthcare to premium paid employee policy) does give a 'credit' on Dad's side of calculation .... total elimination would depend on BM's earnings. You didn't mention BM's income, just that she works steadily.
Her expenses being less than yours (due to living with her parents) and you and DH paying things like rent, utilities and BM doesn't, though, does not count. Nor does BM driving a 2018 vehicle and making a loan payment. Free rent and a loan on a vehicle are 'perks' of BM living off her parents rather than getting a place on her own. Court can not count grandparent's income anymore than they could count your income. All that counts is dad and BM'S incomes.
BM income is 30k annual plus
BM income is 30k annual plus commission
https://supportpay.com
https://supportpay.com/resources/child-support-calculator/
It might be smart to get a lawyer for this and have them present the law to the judge. If the judge fails to comply with the states law appeal. It's been long enough that it should be time for a review and it doesn't matter what the judge thinks.
A few things to think about.
A few things to think about. CS is based on bio parents incomes...not new wifes income your not party to the case.
Courts are given wide discretion when it comes to cs amounts. Commissions and tipped employment should be factored in at min of 10-15bucks an hour OR what ever states current rate may be.
Is it possible that BM is leasing the new 2018 car on the cheap? Honestly I would not bring that up to the Judge...just bite you lip on that one. It would be awful IF bm's lawyer has proof that Bm is on a 3 year lease with company discount. Your dh will look like a goof and BM will look like a poor innocent Gold Sticker mom just trying to survive.
Since your BM still receiving state benefits ie Medicaid, I would be very curious what other incentives she is getting such as FREE or greatly reduced child care vouchers, food stamps vouchers for assistance with Electric??? what do you know about that? are her mom and dad claiming bm and skid as dependents on taxes? Who claims child tax credit? Do you and BM do every other year for that hefty credit. IF Not why not...you may want to add that into your modification.
Next,,,isn't car sales commission based. Therefore not a guaranteed wage? It appears the Judge has already set the tone about BM,,' poor thing works at Dillards with no guarantee wage. Soooo, I would suspect Bm's lawyer will play that card again. Expect it to happen.
Hopefully last 3 tax returns are coughed up from BM prior to hearing. IF you have a BM like a few I know of ...they massage numbers working backwards using states poverty level as goal. AND they lie. ANY receipts she hand over from stores mean nothing...so your lawyer hopefully has them tossed.
Your dh may get a small credit for your new baby on the child support worksheet.
Hopefully everything works out in your Dh favor. I know how stressful it can be.
Don’t hold your breath.
Don’t hold your breath. Though your income most likely cannot be considered for CS calculation purposes, depending on your state of residency, your income may be considered in the application of an income reduction credit Which can either reduce or raise a CS obligation. In our case my DW was The CP and the SpermIdiot NCP received an income reduction credit due to my “significant” income providing an “artificially elevated standard of living” for my SS. He received the maximum income reduction credit of $1000/mo due to my income. Though seemingly significant it only reduced his CS obligation by $50/mo.
I hope your legal action delivers what you are hoping.
But don’t hold your breath,