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CS Review time...HELP!!!! Lazy Ass Deadbeat Rich Housewife of &*^%$

lovedbyone72's picture

So, a notice showed up that it's the three year mark, and it's time for a review. Apparently, the deadbeat BM has submitted her request for a review, as DH just received the Financial Disclosure papers. This is a woman who moved four hours south of us, works part time for cash (she declared this in the last custody battle), and shares custody 50/50. Wouldn't his (BM's hubby) then be considered her income? I ask this knowing that her hubby can't be responsible for paying CS to DH if the role was reversed, but if she isn't really working, she still has to show that she has some type of income, right? I am a very full supporter of CS for those of us who have to raise our children all on our own with no help from the EX, but in this situation, she does not deserve it. She wants to be a rich housewife with the new hubby, and take every single dime from my DH she can. It's frustrating! I have 50-50 and I do not get CS, nor would I ever make my ex pay it. UGHHHH!!!!!!!!!!!!!!!!!!!!!!!

So my stepmomma friends...how do we get this child support order to end/be terminated?

-DH pays full health insurance.
-travel has increased significantly due to BM moving so fucking far away.
-BM has a skill set that would allow her to work PT or even FT while here during her placement.
-BM found a job in her new town that allows flexibility in her placement, so I'm guessing she could do the same in our area.
-DH supports and pays all expenses while SD is here.
-BM has frequently left SD in care of her parents when she can't travel the 4 hours to get here, so wouldn't that count against her for the placement percentage? (Overnights/Care)

Please, any tips or experiences to end this crazy CS issue would be most helpful! I take this issue very personally because I am a BM, and I do just fine on my own. I work my ass off to provide for my kids, so I guess my thinking is so should SHE!!!

Oh, and DH is technically my SO, but I call him my hubby all of the time! Smile

Comments

lovedbyone72's picture

Interesting...very interesting. I'm guessing that is called "the ability to earn." Hmm... And again, I am all for CS, but this is crazy. She has more money than us. She has a nicer vehicle, and yet, she wants MORE money. *Bitch Please* is what I want to say!!

lovedbyone72's picture

Interesting...very interesting. I'm guessing that is called "the ability to earn." Hmm... And again, I am all for CS, but this is crazy. She has more money than us. She has a nicer vehicle, and yet, she wants MORE money. *Bitch Please* is what I want to say!!

Anon2009's picture

"Wouldn't his (BM's hubby) then be considered her income?"

No. His income wouldn't factor into this at all. Just like yours won't and shouldn't.

Your DH may need to get a new lawyer who knows fathers rights.

Who does SD primarily reside with seeing as BM moved?

love_my_shichi's picture

Welcome to the world of "entitlement". It's not just for skids but bms too! states think that a certain figure of a man's salary is "owed" to a mother of his kids or his xwife or whatever. No matter if she spends it on the kids or not. My SO is paying off BM'S credit cards and all this CRAP from their marriage...meanwhile she remarried and got a new job and now gets like 2k a month from SO. He is in the hole and scraping by to pay off her ass while her and her new husband sock away cash money.

Go figure!

lovedbyone72's picture

See, why I'm wondering about the income thing, is that the CSA is asking for tax returns for the past two years. She's been married for three now, so it's likely to assume that they filed together. I don't know. I'm not an attorney. I'm just looking for anyone who has had some luck in the CS arena!

love_my_shichi's picture

I think the bottom line is some situations are just unfair. Sometimes the odds aren't in your favor, the other team is working the system etc.

Elizabeth's picture

My experience with this (probably won't make you feel any better however):

DH and BM divorced when SD was 2, they got 50/50 custody and no CS was ordered because they had equal income. However, DH agreed to pay for SD's medical expenses and daycare, so in my mind it worked out to the same thing. In addition, BM and DH agreed SD should go to private school but BM wouldn't agree to pay, so from kindergarten on DH paid for private school as well.

DH and I got married when SD was 8. When SD was 11, BM moved an hour away. Case went back to court, primary custody was given to DH but he didn't ask for CS because he didn't want to rock the boat. We still payed for medical and daycare and private school. I ended this when SD entered 5th grade and BM refused to even pay half.

When SD was 15, she decided the grass was greener with BM. BM refused to take her without a CS order in place, back to court we went. BM claimed (because she hasn't worked since SD was 5) that her income was zero and DH was solely responsible for ALL costs associated with raising SD. DH's attorney wanted to impute minimum wage as her income but I held out for (and got) $10 an hour because her not working is voluntary (all her kids are in school) and her earning potential is just as high as DH's. So, $10 was still undervaluing, but better than minimum wage.

Luckily SD is now 19 and CS is over. But it still chaps my as* that we paid all that money out all those years so BM could sit on her butt and do nothing.

12yrstepmonster's picture

CS should use an imputed income for the nonearner.

That doesn't mean min. Wage. If BM is educated/licensed and had been working in her field before her move- then that is what she is capable of earning.

If she's always made min wage that is what she is capable of making.

Skid staying with her parents is considered her parenting time.

misSTEP's picture

CS should use an imputed income for BM. Also, remind the judge that she works for cash as she has already stated IN COURT.

Also, some states will allow an adjustment for travel expenses since SHE was the one who moved.