When my ex and I separated 8 months ago we agreed that neither one of us would pay child support to the other as we were both maintaining a home and we had joint custody. I do make more than him and I was supposed to pay him a small amount each month. Four months ago we changed the custody arrangement in the best interest of our son. Our son now lieves with me full time. With the change my ex is now legally required to pay me child support. However I did not push the issue as he was still living on his own. He has now moved in with the "other woman" and I am thinking of asking him to pay now. Their combined income is higher than mine and I am still paying the mortgage and household expenses on my own. I do not think it is fair. I am sure he will think it is because of the fact that he has moved in with her but I really do not care about that. What type of reaction should I expect?
2006-12-01 05:18:46 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
First of all, the other woman's income can't be considered legally in child support. But his can, no matter how much or little he makes. When one parent has sole custody, the other parent is required to pay support.
He'll probably be upset, and reluctant to pay, but he won't have much choice unless he's willing to go to jail. It's his son too, so he should be contributing to the expenses required to keep him healthy, safe, and living in a good environment.
2006-12-01 05:28:28 · answer #1 · answered by welches_grape_jelly 6 · 1⤊ 0⤋
Well true enough, he is required to pay child support since he is the non custodial parent and not living in the same home as you. It is also his responsibility equally to provide for your son. Doesn't matter what reaction you will get, regardless, he still has a responsibility. But of course he will think that you are doing it out of spite. Doesnt matter if you are or not. Still he has a son to raise. Good luck.
2006-12-01 13:23:25 · answer #2 · answered by i have a taste for waffles 3 · 0⤊ 0⤋
Personally I would ask him to pay now. My ex and I have joint custody. My son lives with my fiancee and I full time. My ex only sees him every other weekend and takes him to school in the mornings. Go for it. He needs to support his child no matter if he is living on his own or with "another woman". His son is always gonna be his son. Good Luck.
2006-12-01 13:24:11 · answer #3 · answered by Michele 3 · 0⤊ 0⤋
I can tell you this from personal experience. The court will not look at their combined income, only his, even if they are living together. But, if you are now the custodial parent, you should get some type of support. He will not give you a dime unless ordered to do so by the court. I hope you have an attorney and at least $3500 dollars to put out.
2006-12-01 13:41:19 · answer #4 · answered by delhipops24 3 · 0⤊ 0⤋
Sure...hit him up for it. You know...its okay to be amicable wit one another. Despite the fact he screwed you over with that little tart. However fair is fair and I think you're well within your rights asking for such. of course you can also handle it this way as well...rather than a monthly stipend, make him responsible for buying the kids clothing for school or purchasing some big ticket item that is a necessity and not a luxury. If he snivels about it tell him you gave it long and hard thought and this seemed better for him and you than having to push the issue for a monthly payment.
If he still whines then you always have the option of dropping the hammer.
By the way...things still on the rocks for him and little Miss Homewrecker?
2006-12-01 13:40:32 · answer #5 · answered by Quasimodo 7 · 0⤊ 0⤋
Isn't it because he has moved in with a woman and you're figuring her income into the picture?
I really wouldn't give a toss what he thinks, feels, or how he reacts. if the child is due support money, he should receive it. If you don't need it for your day-to-day living expenses, then put it in a trust fund for his college education.
I'm surprised it's about the money and not about the negative influence your son will experience when he visits his dad, who's shacking up with some woman out of wedlock. Nice role models.
2006-12-01 13:28:04 · answer #6 · answered by Violet Pearl 7 · 1⤊ 0⤋
Well, my ex & I had an amiable split. We did the whole parenting plan & child support thing through legal channels just to have it all clear and on paper.
In my state it is required to revisit child support if there is a change of income that is more than x%.
Honestly, the COMBINED income doesn't factor in...it's only HIS income that is calculated.
If you feel you need to receive support you need to outline camly and rationally the reasons why, and those reasons cannot include COMBINED income!!
Good luck!
2006-12-01 13:23:57 · answer #7 · answered by seaelen 5 · 0⤊ 0⤋
You should ask for child support based upon him no longer having a mortgage and you having full custody. He should help you care for his child.
I do not believe that the other woman's income counts in that claim. She is not responsible for his past children or his infidelity. While she should not have been with a married man, he should not have allowed himself to stray in the first place.
Take care,
Troy
2006-12-01 13:30:32 · answer #8 · answered by tiuliucci 6 · 0⤊ 0⤋
Yes. I'd ask him in your best interest and subsequently that of your child. He may react negatively because no one wants to part with money. Let him think whatever he wants but his child deserves to know his father took an interest in his well being even if only by paying child support. Best of luck! [By the way you sound like you have a big heart!]
2006-12-01 13:26:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I don't believe that the other woman's income will be considered but I think that you should go ahead and file for child support. Its his child too and its his obligation to take care of him. Children need the support of both parents...not just one.
2006-12-01 14:18:40 · answer #10 · answered by Kokolicious06 3 · 0⤊ 0⤋