Question We live in Michigan and my boyfriend is paying child support to his ex now I was wondering does that fact that he has a new family to support (mind the kids arent his) and a household to run and he pays about 1/4 of his check in support every week would it be reduced or changed because of this factor? And also If she remarried 10 yrs ago and claims thier daugther one her new husbands taxes does his income count when they are figuring out the income of the parents to set the child support payments?
2007-10-20 08:50:46 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
You and your boyfriend need to go to the Michigan Child Support Enforcement web site. It should have some answers and a calculation sheet to help determine child support payments.
Your children and if you have children together in most cases does not have a bearing on what determines child support payments.
The x's new husbands income is not factored in just as your income is not factored in cause neither of you are the responsible parties for the children that is the mother and father.
The x's husband can claim the child if her and her husband are filing jointly and the child lives with them or she has custody. Even if they have joint custody I think but not sure a person can claim if they have physical custody or the child primarily lives with her.
Your boyfriend can file for a modification but be careful many a man has done that and it ended up being increased.
ALWAYS DOCUMENT EVERYTHING and make every payment on time.
***I can not say this enough:***
DOCUMENT ~ DOCUMENT ~ DOCUMENT everything!!!!!
Pay consistantly, on time each month. DO NOT GIVE CASH.
Always pay by money order or check and keep copies of EVERYTHING YOU HAVE PAID.
***If you pay directly to your ex then get a file and keep organized records of every child support payment.***
***Keep receipts of everything you buy your children because EVERYTHING you buy can be applied to your child support arrears*** Never say it was a gift ~especially if there are arrears.
If there are arrears then the x can file to get income tax refund so don't file jointly with your boyfriend unless the tax company you use documents it so the irs does not take your part of the refund. not sure about that but you will have to ask a cpa.
In some cases it it better to go through the child support enforcement office because it holds both sides accountable BUT if you ever get behind on a payment they will become the child support payee's enemy and no matter what your x is doing will not matter cause THEY WANT THE MONEY.
KEEP GOOD RECORDS on visits, children behaviors, phone calls, money, time spent and not spent together & etc.
The states look at child support and visitation as seperate so keep good records on both. You will thank me for this in years to come.
http://www.fcnetwork.org/library/p3Child...
Look at this web site...print it off and glean from the information that can help you and your boyfriend. It will show your rights. Don't be concerned with who it is for just the good information. I like it cause of it's lay out and simple to understand.
2007-10-20 10:37:49 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No matter what state it is set in, that states legislature sets the guidelines for the amout per each child per month for the family court Judges togo by. The Judges are bound tofollow these guidelines and dont worry about what financial hardships this support causes as long as it is paid each month and on time. This support is between the two divorcing parties (childs legal mom and dad) ONLY. This does not include any future spouse to either, so their income doesnt factor into the equation. Now if his ex comes into a great dealof money or takes a good paying job, he can take her back to court for a remodification hearing for child support. The only good thing is that support is only temporary and will end oneday
2007-10-20 09:13:10 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
I went through a divorce in Michigan. Nothing is changed due to his current situation. He will still have to pay the amount that he has been paying. I would go for the review in Michigan (which can take place every 2 years) to get the amount corrected. I will warn you though that in Michigan the person that has phyical custody and make more money than the non custodial parent . The non custodial parents support is determined by a formula, so they will have to pay the maximum amount no matter how much the custodial parent earns
2007-10-20 09:12:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Nope, new wife new family come AFTER First child. If by the court papers she is entitled to claim the child on her taxes she would probably be filing as married/single and no her husband's income wouldn't factor into any of the support, unless they live in a state where it does...I suggest you break out your divorce/custody/support papers and actually READ them.
2007-10-20 11:07:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
In some states the courts do take into consideration other child support obligations when it comes to determining child support. And if he hasn't adopted your children, then they don't matter. Likewise, if the ex-wife's new husband hasn't adopted the daughter, then his income doesn't count, either. It doesn't really matter in terms of child support who claims the children on taxes. That deduction should be agreed upon in the divorce decree.
2007-10-20 10:35:39 · answer #5 · answered by colder_in_minnesota 6 · 0⤊ 0⤋
No, it doesn't matter that your boyfriend now has a new family to support. The law says he still has to support his other one too. Also if he's just your bf and not your husband, he doesn't legally have to support you anyway.
The income of the ex's new husband doesn't count either. It stays between your bf and his ex until the child is 18.
2007-10-20 09:01:23 · answer #6 · answered by Wintergirl 5 · 1⤊ 0⤋
Why should his child need less to eat just because he chose to take on a new family?
And why should the income of the mother's husband be relevant? He didn't make the baby.
2014-09-10 23:12:38 · answer #7 · answered by Liz 7 · 0⤊ 0⤋
new child help and custody are 2 diverse subjects. the two could be court docket ordered. considering that your father replaced into court docket ordered to pay new child help on your mom, that's what he's doing. considering which you mom replaced into granted custody of you via way of yet another court docket order, you reside together with her. in case you opt to stay with your father, and your mom isn't keen to allow you to achieve this, he might opt to bypass lower back to court docket and petition that the unique ruling giving your mom custody be overturned. to establish that that to prevail, he might could instruct that residing with your mom is achievable on your existence and secure practices. So no, you asserting you do in comparison to your mom (as all little ones your age do quicker or later) could no longer make a decide overrule an cutting-edge custody order.
2016-10-04 05:52:24 · answer #8 · answered by ? 4 · 0⤊ 0⤋
In most states it doesn't matter how much she or her husband make when it comes to child support. Usually his child support won't get reduced unless he makes less money than before.... sorry... good luck
2007-10-20 09:02:13 · answer #9 · answered by goodrad 2 · 0⤊ 0⤋