Greedy HCBM
DH and I are dealing with a HCBM. We are likely going back to court soon to redo CO for visitation schudule. HCBM is a very greedy and manipulative person and will for sure be asking for more child support. I make a lot more than DH and she knows it. We live in Massachusetts. Does anyone know if they can factor in my income in determining DH's child support payments?
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In Massachusetts, a parent's
In Massachusetts, a parent's new spouse's income is generally not directly included in the calculation of child support, as the guidelines focus on each parent's individual income; however, a court may consider the new spouse's income in certain situations, like if the paying parent claims financial hardship due to their spouse's low income or if there is a significant change in the paying parent's lifestyle due to their new spouse's income, potentially allowing for adjustments to the child support order.
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I got that w/ a simple google.
EDIT TO SAY: that reads moe snarky than it should. I'm sorry, I was doing many things at one time and I didn't notice how bitchy it reads. I did not mean it that way.
No worries! I saw that one
No worries! I saw that one too after I googled but it looked like it was for California (hopefully it's the same for Massachusetts) the crazy part is all of this is that HCBM makes way more than DH and she still wants more
The short answer is "no".
The short answer is "no". However, it may be possible that a judge may assess CS in a higher amount than your DH currently earns if he feels he is intentionally "under-employed" or unemployed. Perhaps due to the ability given of a new partner making it possible for him to reduce earnings because they are footing the bills.
An example might be you are independently wealthy trust fund baby. You fall in love with him.. pool boy extrordinaire.. and he quits his job to go jet-setting the world with you. He claims.. he can't make CS.. he doesn't earn any money. Well, the courts are going to look at that and say.. well.. sir.. you are intentionally not working.. we are going to calculate CS at the amount that would have been owed had you still been working as the successful pool boy that you were. He will be obligated to pay that.. and you as his partner may decide that paying his CS yourself is better than seeing him behind bars for CS non-payment.
Extreme example.. but the idea is that if they think he is not making as much money as he could due to his own choice.. then they will order CS in the amount the courts think he should be making. Your income doesn't come into play... other than a factor that could point to him not working because he doesn't think he "has" to.. since you can pay the bills.
To be clear.. you and he should NOT be co-mingling funds and assets if you have someone like this in your lives.. it can get messy and by association.. your finances can get pulled into court..
Oh yeah! All our finances are
Oh yeah! All our finances are separate, no joint account and our condo is not in his name and I am Definately not a trust fund baby
Please check with an attorney
Please check with an attorney. A friend and her DH (different state) were told the court would give the BM more CS because the SM could cover more of the household bills, allowing the husband to pay more CS. She divorced him and they remarried once the skid aged out.
OMG, I hope it doesn't come
OMG, I hope it doesn't come to that. The crazy part of all of this is HCBM makes way more than DH and she still wants more.
With three
BM and three CS's. There can't be much left in his income. The courts can only. Take a % of his pay .
Response to greedy HCBM
Trust me on this, get a lawyer. It's expensive and you may think that you don't need one but you do.
It's too long of a story but DH's ex was not only greedy but a very skilled liar. The madness went on for many years until DH finally hired an attorney.
In my case with my EX he took his financials, I took mine, they calculated the percentage per parent used their scale and that was that, no attorney needed. However if you are dealing with someone who is greedy, someone who lies, etc. you truly need an attorney to represent you.
In the case of DH the court never asked for my financials but did ask if I worked and assumed/considered that I had income. That was prior to DH hiring an attorney.
It's very unlikely that a
It's very unlikely that a judge would consider your income if it's against your state's laws. Especially if your finances and property are separate. But if you're super worried, it's not a bad idea to consult an attorney.
One of the funniest moments of my life was when BM first tried to tell a judge that she should get more CS because I made a lot of money and could cover our household expenses. When that was shot down, she switched to trying to say that I was a SAHM and that if DH could support me and DD entirely, he could certainly afford to give her more money. This was after DH had had 50/50 custody for years and was still paying CS as if he had EOWE visitation. The judge was like, "Which is it? Does SM make a lot of money, or does she have no income? Either way, you're not getting any more, but I'm just curious why you thought you could make two opposing arguments in the same breath and get away with it?" It was amazing, really.
The reality was that we were self-employed and our businesses were in both of our names and we paid ourselves exactly equal amounts. In her mind, that made me a SAHM, I guess?
That's fantastic!!! *yahoo*
That's fantastic!!! *yahoo*
HCBM is a very greedy and
girl aren't 90% of these BMs high conflict, manipulative, money grubbing people?
Anyways keep ALL your money and assets separate from your husband if y'all married. Matter of fact take another step and put your money in a trust. If you want to be really ratchet put everything you own in your business name, your mom name or some relative you trust ... until that kid turns 21 ... just in case
Do NOT flash your wealth where she can ever see ... if you do then make sure you have excellent top notch attorneys on deck to prevent senseless cash grabs
Tell your husband to file for custody AND make her pay child support (if she tries to file for increase in child support) ....
All y'all have to do is reverse threaten a HCBM with more custody + making them pay cs .... and they will back down
No crazy woman wants to face the reality that they may not be as good of a parent nor do they want to pay a man money for their own kid they think they're entitled to use as leverage to treat the father like a walking atm as perpetual revenge for rightfully divorcing/leaving them
The crazy part of this is
The crazy part of this is that HCBM makes way more than DH. Her husband also makes good money, she owns her own home, and yet she still wants more. She also has another kid that she's collecting CS from so it's not like she's hurting for money. DH can't take full custody because of his work schudule (I also have no interest in going down that road)
Sometimes the threat is
Sometimes the threat is enough to scare them back into place but I get it. On the off chance she agreed to fork over custody that now means the kids is with you more often than not which is a huge lifestyle adjustment.
One thing I've learned is that even when people don't necessarily need the money it doesn't stop them from taking unnecessary cash grabs which at this point are more about power (ex millionaires don't need more money but that doesn't stop them from trying to become billionaires) ... "how can I hurt a man and gain more power over him? = hit him where it hurts/affects him the most -> in the wallet"
I wrote a encyclopedic masterpiece response to your OP.
Of course I lost it before i saved it.
Short version. Mass does not include SParent income in CS calculation. Mass uses a version of the Income Shares CS model. Most states do.
However, in the face of a bottom 10%er of the legal profession Harry Potter robed, Fisher-Price wooden toddlers hammer slinging moron Judge, they can play games with SParent income to give a bottom feeder CP in the blended family opposition some benefit from the NCP partnering up with someone who is a notable earner.
That is what the drooling bottom 10%er of the legal profession judge in the people's republic of SpermLand (Oregon) did with my income in the CS element of the CO we lived under from 4 days after DW and I married. "StepDad makes a good living and BioDad should not be punished by having to contribute to an artificial standard of living for the child." So, the robed moron applied an income reduction credit lowering the SpermIdiot's income by $1000/mo for CS calculation purposes. So, my income was not directly considered, but it was used to give the dumbass POS a break. Karma was, even with the maximum possible income reduction credit of -$1000/mo, CS is only reduced by $50/mo. Not of material significance for our side. SpermGrandPa expostulated angrily in court when the robed dipshit ruled that CS would go up by $23/mo from the original CS set in the paternity order when SS was 1yo of $110/mo, to $133/mo when SS was 2yo. SpermGrandPa really lost his shit 9 years later when CS went up to $785. The SpermIdiot never paid a cent in CS. SpermGrandHag payed it for him. She also paid for his share of visitation travel, and let the dipshitiot POS live in her rental property rent free. He still does in his mid 50s. SpermGrandPa, detests his idiot son and has apparently detested him from very early. SpermGrandPa also detests my SS, and the two youngest of the SpermIdiot's 4 all out of wedlock spawn by 3 different baby mamas. #1, #3, and #4 are all boys. An interesting element of what a POS SpermGrandPa is, he has cheated on SpermGrandHag nearly their entire marriage. Her tolerance of that crap, and SGP's characterless POS status likely contributed to the Spermidiot being a serial statutory rapist who predated on minor teen girls all through his 20s. According to my son (SS-32, who asked me to adopt him when he was 22), the Spermidiot still does try to predate on minor children and cruises malls to this day trying to pick up teens.
SpermGrandPa worships his DD who is the SpermIdiots younger sister, and SpermGrandPa worships SS's half sister who is #2 of the 4.
Anyway, Mass plays the usual games with SParent income as far as not considering it, then giving loopholes for it to be considered in back door rip off the SParent sort of ways.
Some gene pools have no business reproducing.
Be wary, do not allow any cyclically visiting failed family progeny of your partner detract from your life. Also be wary. SParent income causes insanity in a toxic X, and can cause a massive brain fart in a partner who thinks that because you make a good living, they can coddle their failed family spawn and burn their money on a kid because you cover the bills, etc......
We have had a number of STalkers who have suffered this crap and a few who pulled the plug because of it. Even a couple who stopped coddling their partners and started going on vacations without their SO when their SO had no money to pay for their share of the vacation, etc, etc, etc..
Be careful.
Take care of you.
Yep, this is the short version.