Child support!?

Question

My wife and I pay $1,200. a month for her two kids. Her EX hasnt been employed for 14 months, and had a heart attack 3 months ago (he works on a cash basis doing odd-jobs). He wants more money, but at $1,200 we are maxxed out! My wife furnished a case of beer for a get together (daughter16 years old)....BAD I know. Her EX is threating us with a legal action if we don't increase our payments. What are your thoughts?

We have a lawyer, but he seems like he's in no big hurry and we're approaching the $3,000. mark with no outcome (other than a court date which means more $). Her Ex has a free council.

Answer 1

I know what you mean about your attorney.
I have seen people need the help of their attorney and then seen people go to court without one and come out better off then if they had one. It all depends on the documentation you have kept and how well you know your rights.

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. 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.

Also go to the Child Support Enforcement web site for your State that your court order is from. They should have a calculation page where you can enter your wife's income and it will show you how much she is to pay for child support.

Remember it is her income not yours that most states go by.

As far as the beer issue ~ YES VERY POOR CHOICE.
But his threat of this is not what courts look at concerning more child support payments. If he brings it up to the Judge it will be to limit visitation which is another issue separate from child support. Those will have to be separate cases in most states.

Answer 2

Get legal and do what is best for the children....legal action for providing alcohol to a minor will probably have your visitation rights removed or if they have proof they can also provide the proof to the state's attorney to have you prosecuted...did anyone get caught driving after drinking? Any other parents complain? You are lucky no one was hurt or killed....don't give more money out of blackmail...but rather give when you can afford to! The custodial parent probably can get assistance too if the other child is younger than 16.

Answer 3

Her bad. But, if he thinks he can blackmail her with the info by taking her to court, he might be surprised at the outcome. If she's in jail, how does he expect to get any $$$ from an incarcerated ex.

And actually, $1,200.00 isn't all that much for two kids. My husband has to pay $6,000.00 a month for his two sweet little offspring with things like camp, medical expenses and pretty much anything else his ex says to be paid above and beyond the $6,000.00. All that is after his ex-wife was awarded over $2,000,000.00 of his retirement fund plus all the profits ($1,000,00.00) from selling the house she was awarded by the courts (NY) even though he was the one that initially bought the house. If someone knows how to manipulate the court system, marriage can be extremely profitable. If that woman's ex receives $1,200.00 per month for two kids, according to the 'Child Support Standards Chart' I have, she would have to be making around $55,000.00 annually to be paying $14,400.00 annually for two kids. For this woman's ex-husband to be awarded custodial parent is unusual because family court is usually very female friendly.

Answer 4

First of all, that was really a bad decision. She or you shouldn't have done that. you could lose any visitation you have with that child. However, it kinda sounds like he is using the support that he does get to support his own habit. I am very interested in this topic. It is my life story. I've always wondered, am I the stupid one for busting my a** and only getting paid as much as everyone else and only getting paid as much as the other people I work with...no matter what, I have to hold my job for my kids. I don't have custody of them right now, but they want to come home. I am working for that reason right now. What is in the child's best interest? That's what matters.

Answer 5

First of all, your wife is an idiot for serving underage kids, lucky she didn't land in Jail. That said, in most states child support is determined by how much you make, it is set at that price and that is it, if the ex can prove you are making more money then he has a shot at the court awarding more support, otherwise he is blowing smoke up your butts.

Answer 6

Educate yourself with the child support worksheets available for your state on their website. The calculations are not based on "generosity" but on INCOME. You can ask for w-2's but you will need to show yours. If you have any "proof" that he is lying, then you can submit that.
It is not unusual for the judge to order higher payment for either party and for someone to have to take on a second job.
Who is going to be the most prepared?? who has all the medical bills, receipts for clothing, food etc. to prove how much it actually costs to raise these kids. You provide all you "data" and demand he show his and perhaps the judge will see you are being reasonable and he is not.

Answer 7

i agree with Fashiond, get a lawyer now. Also find out more about his lifestyle. Like if he squanders the money. Or if he intentionally avoids having a fixed job (I would if I think my ex can afford the alimony).

Answer 8

I have two kids. .. I get $256 per month from my ex. . . $1200 is more than generous.

maybe if he can't afford them. . you guys should take them over if you can afford to support them financially.


get an attorney.

underage drinking is against the law.... so you will have to just deal with the consequences on that dumb choice.

Answer 9

sounds ike he is a scum bag. tell him to go ahead and try to bring legal action. if you really cant afford to pay him more, the court probably wont make you increase your payments. i wouldnt worry about the alcohol thing. he will have a tough time proving anything

Answer 10

beat him to the punch and take his butt to court and get custody. what the heck is he doing with custody if he can't help support him. sounds like the 2 of you are supporting him and not the kids.