Question about CS and why hubby wont put foot down
REading this just made me think of something? Im always asking myself why he wont put his foot down with her! and then something clicked when the original CS order was filed years ago for SS's he made less...she has not taken him to court once for an increase which she has the right to do????? He makes way more now! so.. is this the reason why he bends?? but it could not be because we now have a one year old and a newborn on this friday....so if she did she could possibly get less now cause he has two other kids.....Was she just being nice not to file for increase or just stupid and missed her chance?
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In some states the number of
In some states the number of other children parents have does not matter. Illinois for example, child support is a flat percentage of the NCP pay. I believe is 20% for 1, 28% for 2 and 32% for 3. The most that can be deducted is 50%. It makes no difference in this state if NCP has 1 or 10 more kids outside of the CS order it always follows the guidlines. I would suggest looking up the child support calculater for your state and punch in the numbers. It probably won't be exact but it should be close.
I would guess probably stupid
I would guess probably stupid and missed her chance. You will get deductions because he was 2 other children that he has custodial rights for. DH and I got a $640 deduction just for having a 2 year old.
I would guess probably stupid
I would guess probably stupid and missed her chance. You will get deductions because he was 2 other children that he has custodial rights for. DH and I got a $640 deduction just for having a 2 year old.
In WV, it does matter how
In WV, it does matter how many other children they have. Hubby and I got a $640 a month deduction b/c we had a two year old that lives in our home and DH is the custodial parent. WV law allows for that b/c child living in the home requires more of that parents income to support than a child living outside of the home (that's not worded right, but it's the best way I can explain it) WV gives a different percentage deduction for children living in the home and children you are providing support for.
The reason is the classic: "I
The reason is the classic: "I don't want to make waves with the BM b/c it might affect the children"
And if you live in such states as NY, CA or MA in the U.S., they love bleeding outrageous amounts of CS out of NCP biodad. Even if he's overpaying, chances are they'll make him pay more. No consideration for nights spent with skids or other children in the household.
Unfortunately BM has likely
Unfortunately BM has likely not missed her chance to file for an amendment and increase in CS.
We filed for an amendment of CS 8yrs after the original CO. We have only one child, SS, and the SpermIdiot had 3 more out-of-wedlock Spawn by two more baby mamas.
His CS went up by ~300%. His income had stayed nearly flat and my wife's had gone up by nearly 300%.
Some states may give you a break on CS due to your two younger kids with DH but others may raise it. Regardless of the state, you are also at risk to the whims of the bottom 10%er law geniuses that tend to sit on the family law bench.
You may get one who has a huge bias toward children from an earlier spawning or you may get one who is more reasonable.
Good luck if BM files for an amendment.
on bm side of this JUST TO
on bm side of this JUST TO GIVE A DIFFERENT PERSPECTIVE. before i had child support ordered, my x KNEW with the visitation he VOLUNTEERED for he COULD be paying child support all i had to do was snap and HE KNEW IT. so i'd call him up for 20.00 here and there for gas and lunch money expenses for dd and he jumped (most of the time) i did not take advantage of that, but i also knew asking anymore than that here or there would be far fetched without an order.
i still took him to court but he did pay what little i asked from him simply cause he knew the judge would grant if i asked and judge did grant
I don't know - our BM hasn't
I don't know - our BM hasn't gone back for more money either. The CS order was from 2002, and DH's income has nearly doubled. She's been unemployed for 7 months, so her bills (her credit cards HAVE to be maxed!) must be killing her.
We were thinking of spilling the beans this year, but there's no time limit on modifications, so we're keeping our mouths shut. According to the guidelines, DH is underpaying by $150 - $350/month, depending on how you calculate it. But since BM would be spending the money on her mortgage ($270k) or convertible rather than SD15, we feel justified in staying quiet.
We never volunteered to lower
We never volunteered to lower CS even though it would have gone down significantly when SS turned 12 because the NCP would no longer have been required to pay for half of day care. We took the Skid out of daycare but did not notify the NCP, CSE or the DA to lower CS.
The NCP never did either because he was petrified that CS would go up even though the requirement for him to participate in day care was expired. Every time he filed an amendment to lower his CS it went up so he was gun shy.
I am not one to voluntarily do anything that benefits the blended family opposition. If they are too stupid to figure this shit out that is on them.