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Child Support Question

SoontobeWifeandMom's picture

Submitted by SoontobeWifeandMom on Thu, 04/09/2009 - 1:23pm

FH got a letter in the mail today saying they were asking his employer for information on his wage. Only one problem he has not paid child support since SD3 was not even 1. This is because BM and FH went to the court house and signed papers saying she did not want to recieve child support. They made some sort of agreement that he wouldn't pay it. Currently we have SD3 50% of the time plus BM makes slightly more that FH so we are not worried about having to pay child support. What we were wondering is to get this paper in the mail does that mean she is tring for child support agian. FH texted her about it but still no responce. Seems fishy to me that over two years passes since the child support action was taken away and now we get something in the mail. My thought is BM (who is in dept up to her eyeballs) wants more money wether she deserves it or not. She is crazy enough to think that she deserves half of FH's pay check LOL. Well anyways back to the main issue. Would the BM have to ask or petition the court to get this order? Also is there going to be a child support hearing? And finally what do we do if the information that BM put on sheet is wrong (She saif FH had SD3 30% of the time, but it is in offical court documentation that FH had her 50% of the time)? Thanks so much for your help... I am a newbie to this child support stuff.

Comments

sparky's picture

Submitted by sparky on Thu, 04/09/2009 - 1:37pm

Lots of non custodial parents that have their kds 50% of the time are paying CS just like they didnt have them at all. She is definitely looking to get money and she probably will. He wont have to pay the back pay but he will probably have to pay in the future.
Who sent the letter to him? About 17% before taxes is the average charge for one kd.

txstep67's picture

Submitted by txstep67 on Thu, 04/09/2009 - 1:47pm

Contact a lawyer. Do NOT send anything back or sign anything until you have legal advice. My DH made that mistake & now is paying for it.

" Everything reactionary is the same; if you don't hit it, it won't fall."

stepmom2one's picture

Submitted by stepmom2one on Thu, 04/09/2009 - 10:28pm

She is right, when we got this paperwork we took it straight to an attorney the next day. He told us exactly what he thought she was looking for and then contacted BMs attorney to see what they wanted from us.

It cost us under $200 for it to be straightned out. It is worth every penny.

Everyones Interest's picture

Submitted by Everyones Interest on Thu, 04/09/2009 - 2:08pm

I disagree with Sparky. Your H and his ex share 50/50 custody and SHE makes MORE than him! She will not get any $ in child support and in fact might owe him the difference.

If lawyers can't come to an agreement, she has to petition the court.

I agree with txstep67's advice. Find a lawyer and do not respond to the letter personally.

hopeful12's picture

Submitted by hopeful12 on Thu, 04/09/2009 - 2:12pm

In the past 9 years that H and I have been together we have been back and forth into court she wants more money! AT one point we made an agreement that we would pay her directly in 2005 which was $200 a month, his support was supposed to go up to $450 (for one child). She signed off Child support enforcement unit from being involoved. A few months later BM went back and singed back up for DSS CSEU to go after him again, they tried to put it at the $450 and put that he owed all the arrears for the months we were paying the $200. We had a fight but after going infront of the judge (with proof of money orders in hand) and the signed agreement he dropped it back down to the $200 a month also there were no arrears. Now recently we now have SD13 at least half the time. And she went in for a modification again. They dropped it down to $34.00 a month which pays half of the premium of the medical insurance through BM work. For the first time in 9 years the CSEU worked in our favor! There should be a CS sheet on the state web site where you live. That will tell you with parental times and everyones income what you should be paying...GOOD LUCK Wink
"Why doesn't the BM get it, if they knew how to keep their men happy. I would never be the evil stepmother"

Rags's picture

Submitted by Rags on Thu, 04/09/2009 - 4:19pm

CS. It can be handled by the CSE Administrative law Judge. So, I agree that it sounds like BM is trying to get some $. And yes, your H may end up paying CS even if he has his kid 50% of time. It depends who is listed as the CP in the original Judgement. Most CS amendment hearings rule only on CS and not on any other elements of the Family Law CO (no rulings on visitation or custody).

The system is pretty screwed up and is capable of issuing decisions that are completely illogical so as others have said, get a lawyer and be ready with every bit of supporting documentation you can compile. And ..... DON'T SIGN ANYTHING until the Judge forces you to.

Best regards,