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But you have two incomes!

Rhinodad's picture

So, DW and BioDad have a joint custody arrangement that they agreed to before DW and I were married. In that agreement it clearly specifies that all costs are to be borne 50/50 between DW and BioDad , including child care, extracurricular activities, health insurance, etc. This worked out fine when SD was being taken care of by DW's mother. Then she went to preschool, and it was still ok since we paid on a weekly basis. DW and I paid every other week, BioDad paid the others. We never missed a payment, but we found out that BioDad missed several. He eventually paid, but got hit with a late fee. At least we paid different weeks, so we just concentrated on our own payments.

Then came elementary school, and aftercare last year. No longer could you pay weekly for aftercare. You had to pay for each month up front (due the first couple days of the month). We all work, so it was essential - Nana lives an hour away, so she can't watch SD anymore. The cost isn't huge, usually around $200 a month, split two ways that is only $100 each. The payment schedule is available at the aftercare office, online, and DW has emailed it to BioDad (and BCCd me) on it pretty much every month - last year and so far again this year. Last year DW felt like a bill collector. We kept track, and only 1 month last year did BioDad give us his portion of the payment on time. They were usually at least a week late, and even then, they'd be short (his half would be $93.50, he'd only give us $90). We had to make the payments because BioDad is unreliable and would forget or just not do it, and then SD would not have anywhere to go after school.

So, again this year this is a problem. School has been in session for 1.5 weeks, and he already says he can't pay September aftercare. We sent him the payment schedule at the beginning of August, when we got it (although he could get it himself if he wasn't so damn lazy). Payment is due tomorrow for this month. $90. DW calls him this morning to tell him she needs to get that from him and he tells her "Well, I won't be able to get you that until next week." DW went off on him. Told him she isn't going to be a bill collector anymore, that he needs to start budgeting his money properly and that we are no longer going to give him time to pay. Not only that, but DW tells him she's done paying for the entire amount of SD's extracurriculars (soccer, swimming lessons), that he will have to live up to his 50% requirement. He apparently got all pissed off and says to DW that "It shouldn't be a problem for you, you have two incomes! Do you not want me to pay for gas this week? Or groceries?" Now, BioDad is single and spends his money on video games, movies and taking scuba lessons. We know all this through SD - she has a new video game every week. He bought her an ipad and iphone to play with there too (she is 6)! So we know he would be fine if the idiot budgeted his money and gave up things.

But yeah, that line really pissed me off. I am not responsible for his daughter's financial security. I pay for her stuff because I love my wife and I care about her (I've known her since she was 3, she's now 6). I want her to have a good childhood and not miss out on things like her mom did when she was a kid. But I am not responsible for that stuff. The court did not take it into account, nor would they now, and neither should he. I told DW as much and she agreed. She was pretty pissed off at BioDad too. She is going to make clear to him that I have NO responsibility to Ava whatsoever. She also made clear to him that we have another child to take care of, school loans, a mortgage payment - stuff he does not have. So just because we have two incomes does not mean we are made of money. We have given up a lot of the things WE like (cable TV, me playing softball, pilates for the wife), because it costs money - money we'd rather spend on the kids and making sure they are comfortable. But all BioDad can think of is himself.

DW says she wants to get a child support modification. I doubt she'll be able to, since there has been no major change in status for either her or BioDad. Just bickering about money isn't enough for them to change it and force him to pay her on time. But we have run out of answers. She cannot keep playing bill collector with him, but we also have to have SD in after care. The only other option I guess is to tell BioDad he is paying for after care now, and we'll give him a check for 50%, but then when he forgets, we are potentially stuck with SD getting out at 2pm. I'm frustrated and furious at the same time. Seriously, I'd rather just spend MY money on my BS instead of SD, but I feel like then DW and I would have to completely separate our finances, something neither of us wants.

Comments

nowhere2gobutup's picture

child support modification

I know you can have it changed(in my state) if the other party it NOT living up to their end of the deal! Not paying on time , not the full amount! Yes it doesn't sound like a Big Deal ! But over the years it will add up. I would meet with a Attorney (most 1st visits are free) and see what they say.
I would say if he was giving 100% to his 50% of the agreement. Leave it like it is. You and your wife isn't a freakin bank! You cant always cover his half until payday. and you shouldn't ahve to!!! sorry I know this
wasn't much help Sad

Unfreakingreal's picture

Why does DW have to contact him at all? She should get her CS modified to be collected by the state and sent to her. That way, she doesn't have to bother with his stories and his lateness. The State will handle collection.

Rhinodad's picture

I don't think we can do this. Per Florida statute, to change a parenting plan,

"There has been a substantial change in circumstances warranting a change in the parenting plan (or custody order, if entered before the 2008 changes in the law),

It is in the child's best interests to grant the modification"

Neither of which apply here. Circumstances are the same, there is no detriment to SD in staying with the 50/50 split. I don't see how we can modify the plan without some showing of substantial change to the circumstances.

Rhinodad's picture

Well, technically he does pay... eventually. Usually 1-2 weeks late. Maybe it would constitute a change of circumstances, but I feel like it is used more to indicate one parent has lost a job, or something like that. I guess the only way to really know is to talk to an attorney.

PeanutandSons's picture

I think the issue is that there is no child support changing hands. They just split the expenses 50/50. They can't go modify a collection order every month based on what expenses popped up that month.

If you can afford to do it, this is what I would suggest. Pay all the expenses up front for the month. Keep good records and give him a detailed statement of his "bill". Have his "due date" be a payday for him. Maybe it will be less aggrivation for your wife to only chase his done once a month for money rather than every time an expense come up.

Or, you guys take over the daycare bill entirely, and put him completely in charge of something else that is roughly equivelent in price. So then no actual money has to change hands.

Rhinodad's picture

This is actually what we do already. DW sent him a spreadsheet with a due date of the first of the month for the two bills: insurance and aftercare. It is due the first of the month, regardless of when his payday falls - we're not going to be responsible for figuring out when he gets paid, it is up to him to budget effectively. Wife still has to chase him down every single month. We went back, and he only paid on time 5 out of 10 times last school year. So far he is 1/2 this year.

We might be able to afford to pay everything up front, but I don't want to do that because if he ends up not paying, we have zero recourse. Aftercare bill is substantially higher than insurance, so we can't split the two.

Rhinodad's picture

Wish we could do that, but we already checked with our aftercare. You have to pay the whole month, up front, without splitting it, or else no aftercare.

nothinforya's picture

Is the agreement a court order? You can file a motion to show cause, and bring BD to court to explain to the judge why he is failing to live up to the agreement. Here in VA, it is pretty easy to do it without an attorney. I don't know about other states.

Rhinodad's picture

It is in the "Parenting Plan" that they now do here in FL for custody issues. Per Florida statute: " modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances."

I do not think we will meet those requirements. Hence I am concerned that going to court will be a waste of time and money. I suppose I can encourage DW to sit down with an attorney though.

Unfreakingreal's picture

"Change of circumstance" would be that the ExH isn't paying his 50% share on time. I would really look into it. I find it hard to believe that in this very PRO COURT ORDERED CHILD SUPPORT country we live in, the Florida courts wouldn't find a way to get the Ex to pay his share on TIME.

Rhinodad's picture

Nope. The Parenting plan just specifies DW and BioDad will split all costs 50/50. No required child support payments.