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Custody/child support/etc

Lalalala's picture

Okay so another area I need some insigh on, and just need to vent about. (I'm new so not down with abbreviations) 

so my SO and his BM split before his daughter was born. We have his 3 year old EVERY weekend, plus Friday's and mondays. They're custody was supposed To be 50/50, but due to BM having another kid, with another man that she doesn't have full or half custody of, it is 60/40 in her favor (even tho we have her 50% of time) 

his BM is okay, but she fucks my SO over silently in every way. For examples:

1) my SO has to pay child support, even tho we have SD 50%, because BM pays child support for another child. 

2) as stated above we have SD EVERY weekend. (My SOs Only days off) 

3) was SOs year to claim SD on taxes, BM asked if she could and would split Money, never saw a dime, plus you know she's getting the bonuses from all the covid stuff. PLUS my SO didnt get ANY taxes Back because it went to DUE CHILD SUPPORT. She also claims she will just "annul" his due child support, hasn't happened yet

4)because of the child support, my SO no longer has a valid license. 
 

5) BM moved closer to us, further from her family, so wants to get daycare, & wants dad to pay half. SHOULDNT THE UNRIGHTFUL CHILD SUPPORT GO TO THAT?? & not to mention, as the schedule currently is, we'd be paying for half of the day care without even being able to utilize it!! 

I am in the US. If anyone honestly has any insight on any of this I'd be happy to hear. I think it is so fucked up!! And how sad is it that I don't want to be with a man that I love for life because he can't be financially stable because of his BM! 

tog redux's picture

I'm a little confused. You say it's "unrightful" child support, but if it's ordered by the court, then that's what he has to pay. Some states require CS to be paid with a 50/50 agreement, some don't. Most states will also require him to pay for half of child care. And he needs to get caught up on arrears. 
 

I don't understand what BM paying for another kid has to do with his child support, it shouldn't be a factor. Also, he needs to stop doing BM favors by letting her have tax money.  If he feels the order is unfair he can go back to court to have it reviewed. 
 

Part of being with a guy with kids is that he has to support them - but he shouldn't be paying anything beyond what he's ordered to pay. 

Lalalala's picture

I don't think it's unrightful I guess, I'm more so just thinking it's seems unfair. And just letting it upset me, because I don't understand fully how they calculate it. From my understanding because she was already paying child support for another child, then looking at both of their incomes together showed that, which made her income much less, atleast that's what I'm assuming. She claims she never wanted CS From him, so it's really just upsetting that she does nothing to help the situation, like how she's said she's going to annul it, but from my understanding that also has to be approved by the court. & then saying she'd split the taxes since it was his turn to claim her and didn't.  It's just sad to see that he gets the short end of the stick and suffers from repercussions, when he does nothing but support his daughter. I know she's getting her custody case with other redone, told my SO that we need to start keeping a log of days that we have her, so that if need be we can have some evidence if he ever wants to go back and get it redone. 

Winterglow's picture

" she'd split the taxes since it was his turn to claim her and didn't."

This was his own fault. He should have claimed taxes when it was his turn. She just took advantage of the situation. It's time he stood up for himself. 

CastleJJ's picture

CS doesn't take your tax return or your driver's license unless major arrears are present. How did he fall so far behind?

CS is a calculation. It looks at BM's income, DH's income, and the number of overnights between them both. It outlines who claims the children on taxes and what years and it outlined extra expenses like out-of-pocket medical, health insurance, and childcare. If BM needs childcare, they will grant her some funds toward childcare, but they will also give your DH a credit for his childcare expenses, if the child can't use the same daycare at both households, so it might not give BM half of those expenses. 

DH needs to stop paying for extra things, but he can also be financially stable while paying CS. It sounds like he may need a CS review and/or a different job if it isn't paying the bills. BM paying CS has nothing to do with DH paying CS and wasn't a factor in that court order, I can guarantee that. Trust me, I have my own opinions about the shortcomings of the CS system, but mine are more based on PAS and withholding to maximize CS, rather than having to pay it. With CS, it usually is what it is and is based solely on a calculation. 

Lalalala's picture

I don't think it's unrightful I guess, I'm more so just thinking it's seems unfair. And just letting it upset me, because I don't understand fully how they calculate it. From my understanding because she was already paying child support for another child, then looking at both of their incomes together showed that, which made her income much less, atleast that's what I'm assuming. She claims she never wanted CS From him, so it's really just upsetting that she does nothing to help the situation, like how she's said she's going to annul it, but from my understanding that also has to be approved by the court. & then saying she'd split the taxes since it was his turn to claim her. & he is behind because truthfully his employer hasn't turned it in, which is definitely not good either 

CastleJJ's picture

1. CS is based on BM's income, DH's income, and the amount of overnights spent at each household. If BM has another child, she will receive credit for that, just like your DH would if he had other child(ren), since they have more children to support outside of just skids. BM's income statements likely show a deduction for CS she is paying, like your DH's income statements do, and yes, that reduces her income, but that doesn't play a factor in your DH's CS order. BM's income is what it is, just like DH's. 

2. Your DH is responsible for supporting his child, regardless of if BM needs/wants it, just like BM is responsible to pay CS for her child. If your DH does indeed have 50/50 custody, then get a custody order that reflects that, not 60/40. The courts are only basing the order on when they believe DH has her, which on paper, is less than BM, hence the increased support. DH needs to get a 50/50 order then. 

3. Your DH allowed BM to split the taxes on his year to claim. That is not on the courts and not on BM. If he didn't want her to have the money, he should have said "No."

4. Your DH needs to be getting with his employer about the arrears then. If they aren't deducting, then your DH is responsible to pay CS separately out of the money that wasn't withheld. If the employer refuses to deduct CS, the can be in legal trouble for not following withholding orders. I'm sorry but if I was in arrears and lost my driver's license due to my employer, I would be in that office daily raising holy hell until the situation was resolved. Your DH needs to be advocating for himself. 

tog redux's picture

Not all states base it on overnights - here, it's not - the higher earner pays full support regardless of how many overnights they have.  

lieutenant_dad's picture

If his employer hasn't turned it in, it is on your SO to both follow up with his employer AND pay CS through the state system. Your SO would have received the money on his paycheck, which he should have set aside in a separate account until he got it sorted. Then he could have paid back what he owed.

Your SO has brought a lot of this on himself. I'm not saying that the system isn't flawed because it most certainly is, but many of these issues are ones he can change.

If he is paying CS for 40/60 custody, then he either takes only 40/60 custody or takes BM back to court to modify CS based on the actual 50/50 schedule.

If his employer isn't taking out CS, he needs to follow up with both his employer and the CS department to get that sorted and find alternatives to pay CS until his employer gets their act together.

If it's his year to take the tax credit, he should take it. Here's the thing with the credit: if BM doesn't have enough being taken out in taxes throughout the year, she may not have a refund to split come tax time. The credit will be applied to her tax bill. 

Did your SO have an attorney when he set up his custody agreement with BM? If not, it might be a good time to hire one to sort this out. In the interim, if your SO is in arrears to the point that his license has been revoked, it would likely be a good idea for him to get a second job to get those paid back. His employer screwing everything up isn't BM's problem, and it's your SO's responsibility to make sure his CS gets pulled from his paycheck.

Stop blaming all these things on other people. Your SO has a big hand in his own misfortune.

Mominit's picture

I think what you're saying is that on paper it shows 60/40 which is why he's paying Child Support.  But in reality it's 50/50.  So you have two choices - thank your lucky stars that he's not fighting for time with his daughter and consider the money well spent to ensure he's not getting held to the existing 60/40 agreement.  OR go back to court with several years of proof that it's been 50/50 for all this time and you want it formally recognized.  In Ontario, you may still end up paying CS, even in a 50/50 situation, but it's usually offset (both families calculate what the full support would be on their pay, and then who ever's is higher pays the difference).

And if you're going to be in court to show that you've had 50/50 for 3 years you may want to change the schedule.  Personally I'd wait another year until she's ready to go to school.  Then you can say that she's gotten older, you've had 50/50 for four years, and you'd like to switch to a more conventional week on week off since she's now old enough to be away from each parent for longer periods of time.

GrudgingSM's picture

I agree with others that child support it's just a bill you have to factor in, like car insurance. It's going to exist the kiddos whole life. Even at 18 I'm sure he will be expected to contribute to college in someway or whatever certificate or degree helps her launch. Financially providing for his kid just has to happen.

now if incomes or custody amounts have changed, totally go in for that review that was mentioned above. If that's the case, then the sooner you file, the better.

it's too late to address the tax credits probably, but couples that are divorced and get along that I know of have set up 529 college savings plans for kids or applied it towards daycare and each saved the money. Of course that's people really getting along and willing to do what's best for the kid, and despite your claim in your last post that things were civil things don't seem civil.

also, I noticed in your last post that you're already parenting for your partner. And he's not a very good dad. It sounds like you have for the majority of the time, and that means this child is not being parented the majority of the time. Do not try and fix this man's financial issues. You can pass along our advice, but that these are his issues to fix. Do not pay his bills for him. Do not use your own finances to backfill his situation. It will end up leading to resentment in the long term. And besides, you need a partner not a project. 

Lalalala's picture

I don't pay any bills of his. He's also never made me feel like this was an issue, it's just something that kind of bothers me by myself. Totally free each parent should pay their fair share, I just think the system is screwy in this case as he does pay for his daughter, and support her when we have her. I agree they should have it relooked at, I told him to start keeping a notebook of days we have his daughter, so atleast we have something to go off of. 

Ursula's picture

I understand your frustrations.  I think CS amounts are often times really unfair.  My husband was at one point paying $750 per month for CS when he had 50/50 custody because BM placed SD into a daycare that was ridiculously expensive, but she know my husband would have to pay for 67% of the cost so she didn't care.  At the same time, he was also paying 4 or 5 hundred a month for his own daycare for SD and for her health insurance as well.  Now that SD is older, the child support is more reasonable and manageable because she is no longer in daycare. 

I agree with the others that he needs to stop letting BM claim the taxes if it's his year to do so.  That's a huge mistake.

Lalalala's picture

To add, I agree that each parent should pay their fair share. I'm not against child support, I just think it's not necessarily right when both parents are already providing for the child. It just makes me sad to see that he gets the short end and gets so many rights taken away along with it. I know it's not BM fault, but I do wish she would keep to her word when she says she's going to annul or split tax money. Also just wanted to say thank you to all and to this site! This is a really awesome place so far to let our thoughts and ideas, and not have backlash! I really appreciate you guys rationalizing things with me in a calm and polite manner! You all have no clue how much I appreciate it, because I don't understand how all of these things work and hearing things from people with some experience makes a world of difference! 

Lalalala's picture

We have her Friday, Saturday Sunday & Monday. & I agree that he needs to get caught up and have it relooked at. I also think she may not have been working when it was set up, and now she has 2 jobs. I think a lot has changed since they had it set up.

ESMOD's picture

Are those days all overnights?  While she may be there four "days".. if she is spending Monday night at mom's.. then that doesn't count for him.. and that may be sort of how it works out 60/40.

I am also a bit confused.. has his employer not been withholding CS that was ordered for the garnishment? or has he been taking it out of his check but not submiting it to the CS agency?  The latter case is fairly serious as his boss is basically stealing the money if he isn't paying it through.

If he just isn't garnishing.. then perhaps your SO is working under the table? so that's why his boss doesn't take it out?

Honestly, getting to the point where he has lost his license is serious lack of interest in your own life.  That would be a major red flag if he were my SO.. someone who lets themselves fall into this situation.. this isn't like missing payment of one light bill.

Harry's picture

For his ex wife.  He is letting her walk all over him. Walking over him is also walking over you.  Looks like he cares more about the ex's welfair then your family's well being.  Unless you make a stand,  telling this sh*t must stop or else. It's going to continue. There is no reason to give BM all the tax money. 

You must go back to court. You have 50% of the time or more.  BM should be paying you CS.   You must insist on DH taking BM back to court for CS reduction or having BM pay you.  See what DH reaction to that is.  If he actually goes to a lawer or just gaslights you.  Then you know where you stand in this relationship 

Exjuliemccoy's picture

Your husbands sounds like the type who just goes with the flow and doesn't understand how CS works. He continues to make bad decisions regarding finances and custody, and now that affects YOU, too.

Can you tell us a little about how you handle finances as a couple? Because it sounds like you don't have a complete picture of his finances and aren't working as a team to tackle his problems. For example, him agreeing to let BM claim SD on her taxes without discussing it with his WIFE first was a big fat no no. Him losing his license due to arrears is very serious and he must have ignored multiple notices warning him to address the issue. Him ignoring the fact that having so much custody of his daughter is a golden opportunity to have his CS reduced is just idiotic. Is he young? Immature? An immigrant who doesn't speak English well? If you plan to stay with this guy, you need to get more involved and make him more afraid of you than he is of BM. You need STRUCTURE and a FINANCIAL PLAN.

Documenting stuff is just a fact of step life, and he should be keeping a calendar of when he has his daughter and only communicate with BM in writing. Compile several months worth of data, then he can go back to court for a review of cs. Get that CS lowered, but continue to pay the former amount until the arrears are paid. 

Come December, your H should notify BM that he WILL be claiming SD on his taxes for 2021, and why. 

I don't know if I could be with someone who handles their business so poorly, or is still his ex wife's puppet. Nor would I want to be the only adult, screwed over by and having to clean up my partner's real and metaphorical messes. You need to think hard about whether this guy is good enough for you, or if you can be happy living this way. As John Wayne once said, "Life's hard. Its harder if you're stupid", and your H hasnt learned that. At minimum, you need to exert more control and require more of him. Put a boot up his butt and some fear in his heart so he understands he could lose you if he doesn't get his poo together. 

hereiam's picture

Can you tell us a little about how you handle finances as a couple? Because it sounds like you don't have a complete picture of his finances and aren't working as a team to tackle his problems. For example, him agreeing to let BM claim SD on her taxes without discussing it with his WIFE first was a big fat no no

I would agree, except that they are not married and I don't think they have been together that long.

I think OP is starting to get a sense of just how irresponsible this guy is (and that he's not a great parent or even a great partner, according to her first post). She's 23 years old and needs to live HER life, not tackle HIS problems/baggage.

 

Exjuliemccoy's picture

You are correct as usual, hereiam. I hope the OP moves on to something healthier.