My fiance is going to court today for child support?

Question

His ex is taking him to court because she doesn't think he's paying her enough. She works part-time at minimum wage. She bought a new car and puts that before her year and a half old daughter. He pays her 310 a month. She gets WIC and is covered on her mom's medicaid. She complains he doesn't see her enough but everytime he tries to pick her up she leaves with the baby so he can't see her. He doesn't mind giving her more money if it goes to his daughter, but he knows it doesn't because he'll give her $50. Then the next day she will call and say she needs diapers. What do you think the court will do?

Last January he picked his daughter up and her mother gave her to him in a diaper when there was snow on the ground. She wouldn't even give him a blanket to cover her to get to the car. She does stuff like this all the time. Personally I don't think she even deserves to see the child un supervised

Answer 1

if u have proof of all this they most likely wont grant it......however if she isnt providing properly for their daughter and he can prove that also he could get custody of her......i dunno if you want that or not but it is a thought...... but i really think the court wont grant it for her if u have proof....

ignore what everybody else is saying to u hun... i am in the same situation and understand where u are coming from dont let these other idiots get to u.....my husband is trying to get custody of his 2 yr old son cuz his mom (the baby's) cant take care of him properly..... good luck u guys


if you need anymore advice or have anymore question IM me when or send me a message and ill b happy to chat with u....and help....

Answer 2

That really sucks. You guys can prove that she is incompetent as a parent and is not able to take care of the baby. Try to get custody of the baby. I don't know what state you live in, but many states have liberal ideas of parenting. My brother's ex is similar to your fiance's ex, and he just won 45% custody of his baby, and he's working on getting full custody. This has been an ongoing battle for over a year, though. It takes a lot of persistence, and it's one of those things you have take little bites at a time until you get everything you want.

My best advice is to keep doing the right things. Pay child support, leave voicemail and email messages to document that you have attempted to get abide by your visitation schedules. Show that you are being the responsible person.

Don't give her any extra money. If anything, buy the baby diapers, clothes, shoes, etc. Many parents will have their own set of clothes, toothbrushes, etc. to keep at each of the homes so the kids don't have to haul bags back and forth. It makes them feel like both places are their homes.

I am all for men paying their child support, but women have to work and pay their own way as well. I have no respect for women who expect others to pay their way. I have three kids, and my ex ran back to his home country to avoid paying. I work full time, am a full-time student, and raise my kids on my own. When my ex left, I got my notary public license and real estate license to make some extra money.

There is no telling what the court will decide. One of the most flexible laws written are around family laws. Each case is looked at individually, and there are very few standards. Each judge decides differently. There is a great chance that he'll have to pay more. The best thing to do in this situation is ask for more visitation times, go for full custody, and stay persistent. Give her a good fight. Document Everything!

Good luck! I hope it works out in the baby's best interest.

Answer 3

The only way the courts will modify his child support amount is if he makes more money than when she first filed for it. Otherwise, I don't see it being more than what it is now. Unfortunately the courts won't really look at her financial choices, i.e. new car.. They do in fact look at him and if he's making more money, they calculate how much he should be giving with the new income. And as far as the ex, she's obviously just wanting whatever she can get from your fiance. If I were him, I would just let the courts handle it. He's only legally liable to pay the $310, no more, no less.

Answer 4

Well, he does have rights , so most likely he'll have a visitation schedule set up, where he can go pick up his daughter and spend time with her.

As far as the money goes, 300 bucks isn't much for a baby.

And if she asks for stuff the baby must need it.

Wic and medicaid aren't much my dear,

certain formulas and medicines, and butt cream, and foods, and vitamins aren't covered. toys, clothes, ect.. it all costs money, and 300 bucks doesn't go far.

Personally , you sound a bit jealous, and worried that she is gonna get more money.

please don't begrudge the child her needs. I know its hard for you but they baby does deserve, to be cared for ,

and the way i look at it , if the mom is happy then the child will be happy, and thats the goal right.

And I don't think that your say so really matters in this case.
its between the 2 of them, and they have to work it out.

Try not to add fuel to the fire, by causeing chaos and friction between the 2 of them, try to smooth things out instead.

And as far as, her leaving when he comes, he needs to prepare in advance the days he will come for visitatin, make a real schedule and stick to it.

just stopping by out of the blue is not acceptable, he needs to plan,

And I honestly think, that he should spend time with his daughter alone, without you.

reason being is youra distraction to him, he should be giving 100% of his time and consideration to his child at that point, and seeing what it is like to be a single parent, because he his, and building a close personal relationship with his child.

doing what the child likes, this is part of developing the relationship with his child, and changing diapers, feeding her, her should see how difficult it is, and how expensive it is, sacrificing is and important part of that, it teaches him responsibility,

And i am sure you can benefit from that.

I hope you understand that i have nothing against you or him being a couple, but that is something completely separate from he being a parent,

Besides eventually she'll have her own place and be working full time, she'll need child care expenses, and need a lot more help from him,

I hope he would be able to give this to her and his child, without, resenting her or the child,

Its hard I know but being a parent is SACRIFICE.

for the rest of his life.

Good luck and I hope he gets a good visitation schedule.

Meg

Answer 5

The court will combine their income and depending on the state will determine how much money they would spend on the child if they were married (like housing, food, and extras). Then they have a formula that determines depending on each persons income who pays what. If they determine that he pays 50% or more then he can legally claim her on his taxes. If he wants to redo custody than he needs to petition the court for a custody hearing which is separate. Someone said they pay $600 a month and know none of it goes it there children: If they have a house, utilities, clothes and food then it does go to what its suppose to go towards. I would suggest that maybe he try for full custody if he wants it. He would have to prove his daughters mom an unfit mother which can be hard but worth it if he thinks she isnt caring for the child properly. Instead of him giving her extra money during the month, I would suggest him asking what she needs for the child: diapers, clothes, food? Then buying those instead and keepng track of every phone call and every visit. Good Luck

Answer 6

A new car is NOT a necessity. She can take the bus. I think they really need to have some kind of reform when it comes to child support. I think ALL states should automatically garnish wages of the non-custodial parent, AND the mother should keep track of what she is spending the child support on. If she is living with her mom...which would be required in order for her to be covered by her Medicaid, she does not have rent or a house payment. Child support should NOT be spent on luxuries for the custodial parent. My mom's brother was divorced and his ex-wife made more money than he did. He paid his child support every month on time, and when he got my cousins on his weekends he would have to go buy new clothes for them because they were dressed in rags! She was going out to the bars all the time and didn't care about them. He took HER back to court with all of the receipts of stuff he bought over what he paid in child support and he actually got his child support cut back.

Answer 7

Most states have a formula based on each parent's income for child support. If his income has increased since the last order for support, then the Judge could make him pay more child support. Next time she calls and says she needs diapers, don't give her money, buy the diapers instead. Keep track of the money spent for those items, so that when you go to court again (and you probably will), you have a record of what you've paid for in addition to child support. Having said that though, nothing prevents dad from giving more to the child than what is mandated by the child support order. In fact, he should want to if he has the money and the need is there.

Answer 8

The courts don't itemize diapers and formula. As far as the courts are concerned the money she spends keeping up the house is part of raising the child so the mother is not required to justify what the money he gives her is spent on. She doesn't sound like a fabulous mother though. Why doesn't HE apply for custody of the child, since she is playing games with him?

Answer 9

Sounds to me like he needs to fight for custody. If you believe she is not supporting the child the way she should you need to be that child's voice. If you feel that she is not using it for the child as the judge if you can put some of the money in a trust or college fund every month so you know she will be taken care of when she goes off to college. As for when you pick her up keep an extra jacket or blanket in the car if she is going to be that petty. At least you know when she is with you you are meeting her needs. In the meantime try to do your best to keep the peace with the women and do what is best for the child.

Answer 10

That's tough. My boyfriend is dealing with a lot of sh!t from the ex wife. She also demanded child support, and unfortunately, he can't afford to pay it. So the ***** is keeping his daughter from him.
If he's paying the child support, then there shouldn't be much of a problem. Just make sure he stays current for now. It sounds like it won't be that hard to prove that she's unfit to be the main guardian. If all goes well, he'll probably end up getting child support from her. As long as he has a lawyer, you should be okay. Good luck!

Answer 11

hope your fiance has been documenting all these events, because the court will definitely take that into consideration. If she is not complying with the visitation order, it won't neccesarily affect the amount of $$ he has to pay, but it is part of the whole custody agreement they have. But her buying a NEW car might.
Sounds like a low income situation, but he shouldn't give more than is court ordered if he doesn't want her to continue to ask for more.