What amount of child support would be fair under this circumstance?

Question

My husband quit his job 1 year ago to care for our son that has a serious life long medical condition. Due to the special medical and therapy needs of our child, it was best that I continue working and he stay with our son. My husband also has one child that he pays child support on that lives with the Bio mom. My husband has had an on going court hearing over the matter of reduction of support due to change in circumstance. Bio mom refuses to agree on an amount, but what would be fair? Shouldn't a special needs child come first over a very healthy, and well supported child?

Answer 1

Thats a tough question, and you have a great husband to do so much for your child, but he is still liable to pay child support and I know he's not currently working, and you probably need more of the finances for your child. Talk to an attorney and see if there is any type of state assistance you can apply for to help with finances and or child support advise. But I would never imply that one child deserves more than another child. Good Luck, and God Bless.

Answer 2

In my opinion, if the healthy child is well supported and taken care of, it would be a generous thing for the Bio mom to agree to child visitation with non-support, but if she isn't a nice person she probably won't. So the only option, is to present your case in court and let the courts settle it. Ask yourself this question though, if you and your husband had another child (one that was healthy) would he still be expected to support that child? Life isn't fair and in some cases, it really sucks. But as adults, we have responsibilities, sometimes more than we want. If your husband hasn't appealed to the kindness of Bio mom, ask him to do so. He may get a surprise.

Answer 3

I think the bio mom is being nasty and unreasonable. She needs to realize that the other child needs alot of attention and is a most likely (im guessing here) a drain on finances. Itsnot like you are cutting off child support, just reducing. How much should the reduction be, well i dont kow what hes paying now so i couldnt help you out there.


good luck!!

Answer 4

Sorry to hear about your situation, but he does need to support his other child. The court will make him pay support. I know this seems cold, but he owes that child , the support. It is not the other parent or the other child's fault. I feel that the court will not see your husbands view point here. The court see only one thing, he needs to support his children , if they are healthy or not.

Answer 5

It is my opinion that if your husband has no income because he is a stay at home dad, then no child support should be paid to his ex-wife. Child support is based on a man's income and if there is none, then the answer is quite simple. We should all have a choice of what we want to do with our lives without being penalized for it. It would be unfair to make him pay child support if his choice is to stay at home with your child.

Answer 6

Do you really think the courts give a damn about your son...
It's not about you or your son or about Mr. Mom. It's about the cold hard fact that Mr. Mom has a Bio son and needs to care for that one. Whatever the other mommy wants, she'll probably get.
I really wish the best for you. Mr. Mom is doing a righteous thing and should be rewarded but he court is not concerned about anything but the other family's matters.
Good luck and God bless.

Answer 7

There is too much indecision on both sides. It sounds like you may want it to work out but you are not sure. You need to ask yourself the hard questions like "do I want to be married to him" and "do I want this to work?" If your answer is not yes to both of those, then you need to drop it and move on. He needs to ask himself the same questions. If the two of you decide to make a go of it, COUPLES counseling NOW. Refusal to go to counseling by either of you means that the refusing person does NOT want this to work and you should move on. If each of you get your own counseling, it does not help the relationship, it only strengthens each of you as individuals. If the two of you decide not to continue in a relationship, try to work out a child support agreement outside of the court system. When he starts paying child support, he gains certain rights to the child. Involving the courts only gives him leverage in these rights. One final note: the two of you didn't break up over money. You broke up because of greed, selfishness or some other personality trait that manifested itself through money. The two of you make over $150k combined, so it is not like you couldn't afford food, clothing, shelter, etc.

Answer 8

children are expensive,regardless of their state of health. do you have insurance,and if so,do you still have a considerable amount of out-of -pocket expense? is the amount of child support he pays out keep your child from receiving necessary medical care? as bad as it may sound, his other child should not be slighted due to your childs condition. if necessary, he might even have to resort to a job that allows him to work after you come home. it is very tough, but many couples do just that to ensure that their children are provided for.

Answer 9

Answer depends on the state you live in. Is it a community
property one ? If yes, then, legally, you are jointly responsible for paying your husband's child support payments. chances are they won't reduce them. But, if you don't live in a community property state, then guess what...you and husband don't have to pay anything if he's not working for a valid reason.

Answer 10

Usually it's all available by simple standards. An attny consultation could be a first step, by providing all the details including financial status/income of the parties involved. (Your husband and his X) Agreeing is not the real issue. But rather his income and responsibilities.