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Interesting CS story.

Rags's picture

One of my closest childhood friends and her DH won the lottery ($5mil if I remember correctly). He has a son by a previouse relationship and paid CS.

His winnings paid out annually. He got one check in March of each year for 10 years. ($500,000/Yr)

Each March he had to give his XW $180,000 in a lump sum until his winnings were paid in full. He also had to continue paying $800/mo in CS that was originally set by the court.

Once his winnings were fully paid by the state his CS went back to only the usual ~$800/mo until the kid turned 18.

Once his 10 annual lottery payments stopped, BM lost her house, cars, etc..... Instead of paying cash for these things she had quit her job and financed everything while living on the lottery enhanced CS.

She sued him for continuation of $180K/Yr in CS and lost. Once the lottery commission had paid him in full the courts said the return on his invested lottery winnings were not usable for the calculation of CS because they were not wages.

This goes to show that for many CPs CS is nothing more than an enhancement to the CP's life style and not for the kid(s).

We have received CS for our son (my SS) for 16yrs. We don't need the money but we keep BioDad on the hook so our son (my SS) never has to hear that his "dad" did not give a shit enough to help support him. Though BioDad in fact does not give a shit enough about him to support him. SpermGrandMa and SpermGrandPa have always paid the CS for our kid.

If BioDad won the lottery we would nail his ass to the wall. If we won the lottery .... we would keep nailing his as to the wall. And .... we would use the money to buy some really cool toys, vacations, etc ...... Not on credit of course. We would pay using BioDad's cold hard cash. }:)

Best regards,

Comments

Rags's picture

Blender.

I get your perspective. I guess I am just vindictive when it comes to my Skids SpermIdiot.

If he won the lottery he would be broke after he got the final check. We would use the huge increase in CS for some fun and .... we would invest most of it. We would have a bunch of HIS money left when he had none. And we would not send it back to him. Our son (my SS) would continue to benefit from his BioDad's lottery winnings long after BioDad was back living rent free in one of the SpermGrandParents rental properties.

The courts are more and more going to a lifestyle leveling philosophy when setting CS levels. They want the kids life style to be consistent regardless of which BioParent they are with.

The courts look at CS as the kids money not the CPs money. The CP can spend it without any accountablility for where it goes but it is intended to support the kid(s).

If it got us a $180K/yr increase in CS for 5 years, I am all for this philosophy. If it aleviated the SpermIdiot's CS obligation because my wife and I earn significanly more than he does .... then I am not for it at all.

I want my cake and to eat it too .... damn it! }:)

Mostly I just want to torment the dipshit.

JJOC (partially)

Best regards,

PoisonApples's picture

If he won the lottery he would be broke after he got the final check. We would use the huge increase in CS for some fun and .... we would invest most of it. We would have a bunch of HIS money left when he had none. And we would not send it back to him. Our son (my SS) would continue to benefit from his BioDad's lottery winnings long after BioDad was back living rent free in one of the SpermGrandParents rental properties.

Not your call. If he won the money it's HIS money. If he wants to piss it away it's really none of your business. How would you feel if you won the lottery and had to give a huge chunk of it to HIM?

The courts are more and more going to a lifestyle leveling philosophy when setting CS levels. They want the kids life style to be consistent regardless of which BioParent they are with.

Lovely. So more lazy asses will be encouraged to do nothing for themselves, just sponge off people who work hard trying to get themselves into better financial situations. yeah, that's just what we need.

The courts look at CS as the kids money not the CPs money. The CP can spend it without any accountablility for where it goes but it is intended to support the kid(s).

That's fine, as long as CS covers HALF of valid, reasonable expenses for the child.

starfish's picture

my thoughts exactly:

"Lovely. So more lazy asses will be encouraged to do nothing for themselves, just sponge off people who work hard trying to get themselves into better financial situations. yeah, that's just what we need."

it just doesn't make any sense, why is cs always on the increase and never on the decrease... cs is not like wages, you don't get a cost of living increase on cs (or you shouldn't)... if ncp income has increased, well cp had just as much time to increase their income.... but no, cp keep haunting ncp for that accident that happened years ago (not in everyone's case, but it dh & my situation)..... mad mad mad about this whole cs rules....

PoisonApples's picture

. if ncp income has increased, well cp had just as much time to increase their income

EXACTLY!

I've never had patience with people who think they are so freaking special that they are entitled to piggy back on someone else's hard work while doing nothing themselves.

If the person receiving CS wants/needs more money then they should get off their lazy asses and
1) get training for a better job
2) work harder in their current job to get a raise
3) take on a second job

but to just watch their ex like a hawk for signs that he has even an extra cent then try to take it from him just because she used to screw him.... I just can't fathom that attitude.

Rags's picture

PA,

The increase in CS due to lottery winnings is huge. At least it was in my friends case. They had to pay $180K/yr for 5 years. That is tax free income to my friend's Skid's BM.

I agree that it is not necessarily fair. But, why not take the increase in CS and provide a better life for the Skid? Especially when the NCP (in my Skids case) would piss it all away.

And yes, CS should cover half of the costs of raising a child. The problem arrises when you look beyond the basic needs of a child and adjust the whole picture for socioeconomic levels. Higher income families spend more money on housing, food, clothing, transportation, schooling, etc....... Where is the line drawn between "valid, reasonable expense" and elevated expense due to socioeconomic success?

I don't have an answer to this. Though I have lived and element of this. SS's BioDad received a $1000/mo credit (reduction) in his income for CS calculation purposes due to my income. Though it only lowered his CS by $50/mo the fact that the SpermIdiot benefits at all from my efforts just chaps my ass. We don't need the CS money at all. But we sure as hell never considered letting the SpermClan (The SpermGrandParents pay BioDad's CS obligation for my son) off the hook for CS.

Best regards,

starfish's picture

your income should have had NO bearing on cs from spermdonor..

see the whole cs system is f'd.......

Rags's picture

Star,

Absolutely. The system is hosed and a Sparents income should not even be allowed to be viewed, shared or considered in family law courts.

But, when you have dipshits in black robes holding hammers sitting in judgement in these situations the only possible outcome is for the system to be fucked.

IMHO of course.

starfish's picture

we had a post about this exact thing a month or so ago..... your friend & dh got screwed...... maybe the ex was blowing the judge... from most of what i researched on this, the judge usually requires a trust to be set up for the kid ~~ not massive cs increase to cp.... however, if the lottery winner does invest and receives investment "income" then the cs could go up depending on the "new" AGI....

dh & i have decided the same, we divorce and i claim it and we remarry.... or my dad claims it (he is single & i am an only child, i would like to see what parts of my family would try to claim entitlement to it).... or as our friend steperg said there are ways you can set it up and protect it...but being married, i can see any seeing 1/2 as dh's so 1/2 of that goes to FFC for cs... so i would for sure seek legal advice before i did anything..

starfish's picture

they would base dh's income on "potential income".... so, it would probably make no difference in your case.. but i'm no judge..

NCMilGal's picture

BM must be short on funds.

This spring she started asking DH leading questions about his moving this summer. "Aren't you getting a bonus for moving? You had to sign another contract to take this move, didn't you?"

DH flat-out lied to her. He got $75k this year for signing for another six years when he already had a four-year obligation for accepting this next promotion. He remembers what happened when he was divorcing her the first time - she demanded half of his re-enlistment bonus; then spent it ALL when he remarried her. Plus his nephew's now-ex spent HIS entire bonus last year. (Nephew followed in his uncle's footsteps a little TOO closely - I'm telling his next wife about this site ASAP!)

No %$%$*$#$@@# WAY are we going to hand BM any more money than the court orders. That bonus paid off DH's car and the rest went into investments.

HaveHadIt's picture

This is one reason why I won't even consider SO and I getting married until AFTER SS "ages out".

If, by some chance, we happened to come into alot of money it would all go in my name so BM couldn't touch a penny of it.

PoisonApples's picture

I think the attitude that you should have whatever he has sucks.

CP should have what they need to take care of the kids.

The CP absolutely should not benefit if the NCP wins the lottery or gets a better job. It is the responsibility of the NCP to share his winnings with his children - on his own - if he wants but an ex should have NO claim to it whatsoever.

This kind of thing will just motivate people to hide income or become deadbeats. Why should someone work hard to get ahead if it's just going to go to the ex?

FFS I really get angry when people want to freeload off others. This idea that just because you have children with someone you are forever entitled to share in any good fortune they have is bullshit. Funny that people with that attitude aren't also willing to DECREASE CS if THEY get in a better situation financially or if THEY get a windfall. It's greed pure and simple.

I could see forcing parents to put some portion away in trust for a child but making them pay it to the ex? That's really screwed up and I think that any ex or her partner that would expect it is a sponge.

MadeMyBed's picture

What about the flip side? Rags, what do you think would happen if the XW won the lottery? Would your friend not have to pay CS? Fat chance Im guessing!! Oh, and would he get any of that lottery $$? I doubt it! Messed up world.....

Rags's picture

No doubt the NCP would not get a thing if the CP won the lottery.. At best a benevolent family law judge may waive CS in this situation. Not likely, but it could happen. Monkeys might fly out of my butt too. :jawdrop:

And ... the blended family world is definately a messed up world.

Best regards,

starfish's picture

what about that guy who had 2 kids with a mistress (they are 18 & 22 now) suing the bio father for $400,000 a month, retroactive to the day they were born....

i don't know the whole story, the guy is supposed to be worth $12 billion..... but wtf??? apparently the bio mother had some sort of agreement with bio dad, but the self entitled spawns... i bet if they used honey instead, they would have come out a lot farther ahead....