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Child Support Struggle is Real

StepmomWifeTeacher's picture

Is anyone’s family or DH struggling with paying too much child support? How much is too much? Shouldn’t there be a limit to how much money the government can take out of our husband’s checks? I think $1200 a month for school age children is too much! DH wanted 50/50 custody and so did the kids, but BM wanted the money for her shopping addiction. My husband has filled out a full service case for the GA office to fix it, but it’s already been 5 months and we are still waiting on them. Talk about frustrating. We are living with my parents till the CS is fixed bc we can’t afford a roof over our heads right now. Meanwhile BM is living a lavish lifestyle with her millionaire husband. How is all this legal? This is unconstitutional. Last weekend, BM gave the boys two bags of clothes to bring over, which she never does and I opened it and the clothes inside were small, old and ragged clothes. SS7 tried on a pair of shorts and said they hurt bc they are too tight. I told DH and said this is ridiculous! They can live in a half a million dollar home and drive brand new cars but can’t provide nice clothes for the kids? SS7 says, “she bought us new clothes but told us we can’t wear them over here.” My jaw drops. #speechless Now, let me give you my view on Child Support. The children live in a divided world: 

• 1. mom world /  2. dad world

• Mom’s world needs: Home, Car, phone, clothes for self and kids, food, water, electricity, home insurance, car insurance, medical insurance for self

•Dad’s world needs: Home, Car, phone, clothes for self and kids, food, water, electricity, home insurance, car insurance, medical insurance for entire family

 Therefore, DH pays medical insurance for the kids which is hundreds of dollars and he pays $1200 in CS. He doesn’t get deductions on taxes for any of this and doesn’t get to claim the children. If you look at the two world’s what is different? Please tell me how this is legal. How can this be constitutional? My husband pays for a lot and doesn’t even get to spend that much time with his kids. This system is messed up and I hope someone fights for our rights.

 

 

Comments

tog redux's picture

First off, there is nothing in the Constitution addressing people helping to pay for their kids after divorce. The founding fathers just did not anticipate this issue.

Second, they do need a formula to decide what's "fair", and so it usually depends on income. In their mind, the kids should enjoy the same standard of living they would have if their parents were still together.  So, is he paying more than he should in terms of his income?

Third, some greedy mothers do use time with their kids to get more child support, sadly. This is hard to avoid. And yes, the system is often geared towards supporting women AND their children, it needs updating in light of how many mothers work or should work.

Fourth, I do think it's unfair that the non-custodial parent pays the taxes, and and can't claim that. That seems wrong to me.

StepmomWifeTeacher's picture

yes, DH is paying 40% of his check to CS and it’s being automatically taken out. He’s only suppose to pay 25% but they are taking advantage of him. He’s afraid he won’t get any reimbursement and he filed it to be fixed 5 months ago.

twoviewpoints's picture

My guess is the original CS order reflected the 25%. When he got a job demotion , did he file for a modification? 

You stated he's going through the Attorney General's office, you also previously mentioned that the office told you it would be months before an appointment. Has he checked to see how much closer he may be to finally getting that appointment?

His employer will (has no choice) continue to take out the amount that was on the income withholding for support papers. 

Was your DH's position a temporary demotion? If he left this job (not before finding new job, of course) , could he find another that would put his income back to where it was? One thing the state will look at if whether he still has the potential to earn what he did, not only necessarily what he currently does. 

 

ndc's picture

I guess whether child support is too much depends on how much dad makes.  In our state, if my SO didn't have enough parenting time to use the "shared custody" formula, he would be paying just about $1200 in CS (25% for 2 kids).  On top of that he'd need a big enough place for the kids to stay when he had them, a big enough vehicle and car seats to transport them, he'd need clothes and toys for our house, he'd have to feed and entertain them during the times he had them, he'd probably need to split extracurricular expenses, etc., etc.  The kids qualify for public health insurance so at least he wouldn't have that expense.  It's not as if the non-custodial parent doesn't have child-related expenses beyond CS.  On top of that he wouldn't get the Child Credit and head of household status on his taxes (I think personal exemptions are pretty much gone as of this year, so that doesn't matter anymore).  Since he currently lives hand to mouth, and the expenses of having the kids for standard NCP visitation as opposed to 50/50 wouldnt't really be that much different for us, that CS would cripple him.  Fortunately he has 50/50 custody and, at least for now, no CS.  In our case BM also lives paycheck to paycheck, so we don't have the perceived unfairness of her living in a $500,000 house and having a much higher standard of living.  I say "perceived" because I don't think it's fair to count the income and assets of a spouse who is not the parent, as that person has no obligation to support the children.  In our case, I own the house we live in, and I don't think it would be right to impute any of my assets to SO for purposes of CS.

If a father had a much higher income, there's more discretionary income and while 25% wouldn't be painless, and in most cases would affect the standard of living, it wouldn't cripple the father and any subsequent family he had.

I agree that the system is messed up, although I wouldn't say it's illegal or unconstitutional.  We are lucky to live in a state where 50/50 custody is presumed to be in the best interest of the children. 

StepmomWifeTeacher's picture

DH wanted 50/50 but the court didn’t care and gave BM custody. He doesn’t have a criminal background or anything wrong. He has worked since he was a teenager and has a great work ethic but he’s still labeled non custodial parent aka deadbeat dad. The skids think he hardly buys them anything but the truth is that 40% of his check is going to them right now. 

ndc's picture

How old are the skids?  Once kids are old enough to understand, I don't see anything wrong with letting a child know how much money the NCP is giving to the CP for child support, especially when the kids think NCP doesn't buy them anything.

twoviewpoints's picture

Regardless of anyone's personal opinions on what is the 'right' amount, the 'fair' amount and or 'enough' amount, CS is based per our individual states laws and guidelines.

You live in Texas. The CS is very cut and dried. Your DH pays per his income and a flat percentage. 

While I understand your feeling and the idea of 'enough is enough' , the real only hope is their your state legislature. Until the laws/guidelines are reset, the argument will continue. 

Your state does not even take into consideration whether the CP works or her income. It is what it is. 

My state recently changed how CS is calculated here. It as fought for years. First change in over 30 years. We were a flat %, didn't matter if CP or was rolling in high income. Didn't matter number of overnights. Nothing counted but solely the NCP's income. 20% one kid, 28% two kids, I forgot now but it was either 33 or 35% three kids. And yes, healthcare was totally on top of CS. 

Unknw

 

 

 

 

TheEvilStepmomStrikesBack's picture

Yes!!! We have to maintain a separate wardrobe at our home because BM never sends clothes. DH pays insurance on SS and most of the time we end of buying his school stuff too. 

Most definitely sucks to have $500/month taken out of an already tight budget. Of course that’s money he pays taxes on but she never does. From my understanding, she doesn’t even have to report it on her taxes so that’s $6,000 a year she’s spending tax free. Also because she’s unmarried (even though she stays with her BF), with 2 minor children, she qualifies for food stamps, Medicaid and all that stuff despite having an ridiculous about of income (she gets child support for both kids from their respective fathers). 

Thw “family court” system really sucks 

ProbablyAlreadyInsane's picture

You can actually claim it as a tax deduction (if I'm not mistaken). You do have to have receipts though, so it really needs to be paid through the state.

But you're right, it's a broken system.

TheEvilStepmomStrikesBack's picture

We might need to check into that!!! 

Ispofacto's picture

There's a documentary called Divorce Corp, it used to be on netflix.

CS is a money making machine for the govt.  CSE lobbyists pay off politicians to keep the laws unfair.  In many other countries, there is much less incentive to cheat on a spouse, divorce him, keep his kids from him for the most $$, and alienate his kids.  Because they have presumed shared custody, and little to no CS.

A lot of states here are beginning to do that.

In our case, equal shared custody would be bad, because BM is psycho abusive and we'd have a hard time proving it, and the burden would be on us to do so.  BM was found to be neglectful, but I'm not sure that is a high enough standard for these new laws in other states.  We don't get CS, but Killjoy should have limited contact with BM anyway.

I do think CS should be taxed income for the receiving parent, and a writeoff for the paying parent.  And both parents should be able to write off daycare expenses.

The income of the new spouses is not and should never be relevant.

Clothing is cheap if you know how to shop.

 

 

SteppedOut's picture

I can vouch for GA Child Support office sucking, but I am on the other side. It's not always the NCP that gets a raw end (but on this site that's what we see), but it does seem one side is always treated poorly, when it is *supposed* to be a simple calculation. 

My formerSO and I split due to his son treating me AND my babyBS (formerSO's son also) horribly - escalating to dangerous behaviors. Nothing was done to correct such behaviors...in fact it was put on me that "if I would just love him like he should be loved" it would all be ok! I left formerSO. 

Long story short, I filed for support. After losing my first filing (2 month delay) and I had to resubmit they finally started. However they did straight up tell me they wouldn't be working that hard on my case as I was not a welfare recipient. "CS office was originally started for welfare cases only, don't you know". Six months later was an appointment, that formerSO blew off (he was sure he was going to talk me into returning to that nightmare). Two more months later he finally showed up, without all the propper documentation.

He greatly reduced his work load in the 2 months he had between when he was supposed to come in and when he actually did, thus decreasing his pay by nearly half. He did not bring W2 as requested. They let that fly and only presented his 2 months of pay stubs. He also recieved credit for health insurance, which normally I get, but he already has family coverage for his other kids (court ordered) so adding our son didn't change the cost. Also, he didn't mention the other 2 on the insurance so he got credit for the TOTAL amount, not prorated. There was not a court hearing. They did this all in the office (without me present) and I had zero chance to object to the lack of documents.

I'm not sure what all he said to them (but I can about imagine), but since then they have been BITCHES to me. They "lost" my child care reciepts, so I recieve no credit for those costs (which, are fairly significant). 

My formerSO refuses to have contact with our babyBS until I move back with him. I will NOT. So, he has abandoned our son because I will not put up with abuse of myself or my baby. So he is NOT having to provide a home at all for him either. 

Compared to what he "should be paying", based on the calculators, he is paying just under 1/3 of that amount. It is not much. 

It will be reviewed in 3 years. I can request a review if I can prove a difference in pay of 20% for myself or him (how can I prove his income has gone up??). I actually have increased my pay by almost 20%, hopefully by the beginning of the new year I will be there. But, the CS doesn't have to approve my request....

I feel you on the stuggle of unfair amounts. And from what I gather, GA Child Support office pretty much stinks across the state, not just my county. 

ProbablyAlreadyInsane's picture

The system definitley isn't fair, or frankly right. But there aren't enough people out there fighting for it. The issue is, in order to see REAL change we'd have to have lawyers and politicians out there fighting for it, and we jsut simply don't have those right now.

Court has gotten a BIT more dad friendly, but for the most part, courts assume Bm should have the kids becuase "she is mom." They assume that BM needs financial help and expect the BF to hold the majority of the financial burden because that's how it's "traditionally" done.

We currently have custody, and Psycho is SUPPOSED to be paying CS, but we'll probably never see a penny. DH was supposed to have an appointment this week and they even moved that back, because he's "not a top priority." Which maybe there's just too much going on and they double scheduled. But to me it's them telling him that they have better things to do thatn make a "mother" who abandoned her kids for a year, ditched weeks to months before then, has NEVER paid a penny to support them, has been on heavy drugs, admitted in court she's done drugs with them around, then lied and said she was sober, they didn't even make her take a drug test, AND told her sister two weeks before court she doesn't even want them.

It's not a good system, it's a VERY broken system, it drains homes and families rather than holding both households responsible for the financial wellbeing of the kids. Or idk, forcing both parents to work and support the kids evenly? Run their own households?

Thumper's picture

Please let us know when your husband is given a review on his CS. Learn the states guidlines on how cs is calculated.

IS your husband also paying back cs?

secret's picture

I'm curious as to who came up with these ridiculous amounts.

1200 a month...cripes that's double my grocery bill for a family of 6, with 5 being adult portions....if i had 1200 from my ex, doeant that mean he has 1200 less to pay on his own lifestyle?

I don't believe in standard child support.

I believe in getting payment for expenses. 

It's BOTH parents responsibility to pay bills. If all mom can afford is a 1 bedroom because she works minimum wage, oh well... Dad should pay no more than HALF the things that are actually for the kids. Half a receipt for new school clothea. Half a reciot for school lunches. Etc.

Not dads problem if mom can only afford rice and beans for supper. The kids won't be scarred for life... 

The reason i feel that way is because if mom makes minimum wage... What incentive does she have to go after something bigger and better if in reality she makes double her pay?

Goes both ways obviously... If dad can't afford rhe lifestyle his income should produce... He shouldn't be forces to give his earned lifeatyle to mom while he lives the lifearyle ahe woukd have without his money.

 

Help pay for kids, absoluteky... But half of what they COST, with receipts, not half the bills because the other woukd atill have those bills even if they didnt have kids.

StepmomWifeTeacher's picture

So this weekend is our weekend to have my husband’s 2 kids. We pick them up Friday and everything is quick and simple. Saturday, SS7 has a game and SS10 has a game. Everything was going great until we realize BM didn’t pack several things they need in order to play, such as glasses, a belt, a hat, and socks. DH is super annoyed by this but we move forward and head to the first game. We get there and sit down and everything is fine until... yep you guessed it, BM arrives. She gets there and is wearing short shorts and a hoochie top. Okay, then she fails to bring the items that the kids need. I go and sit down. Next game begins, so we now have to walk back and forth. As we do this BM also does this and follows us as we go back and forth. We notice but try to ignore. After the game, she follows us as we all walk to our car and talks to kids. I get it but it’s our weekend. Sunday, (Now this gets interesting!) kids have two games. I miss the start bc I’m with my mom, so we meet DH at the game. We meet him and walk over to where DH places my chair and things and guess who is standing there. Yep, BM in hoochie shorts and top. This made my mother feel very uncomfortable. I told my mother, “It’s ok, come have a seat! This is my chair!” I looked for my husband who decided to walk off. I said, “why aren’t you over here babe watching the game?” I read his face and laughed and said, “babe it’s okay! Come over here and watch the game!” He didn’t want to come over. I turned to BM, “Where’s your husband? Is he here?” She said,”no.” I asked, “what about your mom? Is she here?” She said, “no.” Then DH came over and stood between me and my mother. I began to video the game and then the fans aka everyone around. Finally, BM left and didn’t come back. Next, we all went to lunch. After lunch we went to the next game. DH placed down my chair and all our things and began playing with SS7 while SS10 got ready for game. I was sitting and watching DH and SS play and I hear someone say, “hey guys!” And I turn my head and see DH’s sister walking up with BM. Yep! That’s right. I said, “hello! So good to see you!” Then, they both went to sit down away from us. (Thank God!) As soon as they walk away DH says out loud, “wow! Really?” I said , “babe, I told you that you can’t trust your sister right now. She is not on your side.” After seeing it for his own eyes, he believes me now. I don’t know why his sister has sided with crazy BM except for the fact that she is very dramatic and loves drama. Anyways, during the game everything is great and me, DH, and SS play and watch game. After the game, DH’s sister walks over and I ask her, “Are you and BM best friends now?” She replies loudly, “What, am I not allowed to be friends with her??” I calmly said, “I didn’t say that.” She said, “ well she invited me to the game, so I came!” I said,”well I was just wondering because you never called me or your brother.” She said, “well y’all never invited me.” We didn’t speak to each other after this. DH didn’t say anything after this either. As we walk to the car, DH says, “I can’t believe all the s*** that happened today. I can’t wait for deer season so I don’t have to deal with all this!” I said, “me too! I’m right there with you!” BM can’t follow us to the deer stand. Haha Thank God! That is a blessing.

It has been exhausting being in our shoes. I’m sure others have it worse, but still we are just so fed up and feel trapped. I feel bad that DH can’t even trust his own family members right now. Poor hubby.

If you want to know more about our situation you can read more of my blogs. Thank you for allowing me to vent.