If we take BM to court, will they take into consideration our 4 month old baby girl? She wants more money. My husband pays $525 a month for one kid. Thanks for the help.
sure but I do not think they do. I think they just look at that child.. But you could call and talk to someone.. But I am pretty sure they do not.. Sorry
I am hoping that having other dependents would be taken into consideration. Over half of my fiance's take home pay is given to BM for alimony and child support, which was calculated before we got together. He now has a new family to support and his income after alimony/CS is UNDER THE FEDERAL POVERTY LEVEL. So guess what? I pay for everything: mortgage, RE taxes + insurance, condo fee, childcare, food, car insurance, utilities, shall I go on? His take home pay just goes to paying his credit card bills and his cell phone and there's nothing left for our household.
We have a child together and another one on the way, so I'm hoping that our children won't be "punished" to give priority to another child and a woman who won't work. I have a feeling that the courts won't care about that though.
Like I said though, each state probably has a different CS calculator. Most times it's just based on income and unfortunately, expenses don't factor in at all, but hopefully (fingers crossed!) additional dependents DO factor in.
We are in Ohio and additional dependents are a factor here. You should be able to get ahold of the worksheet that CS uses in your state and see if an allowance is made for it...
Additional dependents do factor in our state, last time bm tried getting additional money, my son reduced what her original amount was. Boy, that went over like a lead balloon;)
google child support, and there are calculators for each state...
CS in Canada based on set tables and based solely on income of the non-custodial parent.
But spousal support is whatever amount the judge decides it to be...
One friend had $1300.00 left over from his budget (because he drove a $700.00 junker car/instead of a big car payment...and rented a small room instead of an apartment or buying a house.. So the juge ordered him to pay his X exactly $1300.00 per month....
In my hubbys case his x got spousal for a year before we 'stopped' it. And although my income or my kids shouldn't have been an issue it was taken into consideration by the judge..but we hammered home the take-home net income...rather than the gross figures that judges normally consider. AS well as her BF's income, etc. WE USED EVERY POSSIBLE ANGLE to justify having it stopped .... When the judge saw the whole picture and consideral ALL factors...we won our case..dispite our lawyer telling us that the odds were not in our favour.
I mean we hit her with EVERYTHING!! WE systematically attacked her affidavit statements one by one....disproved them..one by one..with paperwork (independant paperwork from banks, newspapers,her employer, lease agreements, we did property & title searchs, and once we got her communicating via her lawyer we used many of her own words against her..she couldn't keep track of her lies)
WE backed up every single statement we made with whatever piece of independant paperwork we could get our hands on. WE got an affidavit from youngest SD stating that her mothers landlord was really her mothers boyfreind.
We documented how careful we were with money...what our actual spendable money was at the end of the month...how tight our budget was..compared to hers.
Make sure it is 3rd party documented, (it's best)....it's well organized. Don't get into he said/she said that just irritates judges. Stick to relevent facts that proves that the law applies to your case in 'such & such' a way...based on your evidence and presidence.....
It can't hurt to tell them everything!! Reseach, research and document!!
Using CO per your bio, I checked out the CS worksheets, which are used to determine the CS amount. They are almost identical to the ones we used in NC. Neither state includes the cost of any FUTURE children, only those born of a PREVIOUS marriage or those for whom support is ordered. You would actually have to divorce your husband and get a court to order CS for YOUR child before the state would consider your new child when deciding if the amount he must pay his ex-wife should be modified.
I guess this might be a lesson out there for anyone who is not yet married to their SO. Even if the two of you are together and planning to be married, it might be worth considering to go through the motions of getting a court to order support for your child. Then if you DO go back to court with the ex over support, the court will have to consider the child(ren) you have together.
Yep, it sucks. Welcome to America. Land of the free, home of the bled dry.
Every CS calculater that I tried for my state (and I tried 4) came up with WAY less than what he is paying now (and I mean a FRACTION). Maybe I don't have all the information, and I don't want to get my hopes up, but DAMN, if we could pay a quarter of what we're paying now, we could sure get out of debt a lot quicker!
Why is it so hiiiiiiigh?!? (rhetorical question) I hope we can get it reduced when we retain our lawyer!
Oh, and FYI, other dependents DON'T factor in here.
I am not 100%
sure but I do not think they do. I think they just look at that child.. But you could call and talk to someone.. But I am pretty sure they do not.. Sorry
I think each state is different.
I am hoping that having other dependents would be taken into consideration. Over half of my fiance's take home pay is given to BM for alimony and child support, which was calculated before we got together. He now has a new family to support and his income after alimony/CS is UNDER THE FEDERAL POVERTY LEVEL. So guess what? I pay for everything: mortgage, RE taxes + insurance, condo fee, childcare, food, car insurance, utilities, shall I go on? His take home pay just goes to paying his credit card bills and his cell phone and there's nothing left for our household.
We have a child together and another one on the way, so I'm hoping that our children won't be "punished" to give priority to another child and a woman who won't work. I have a feeling that the courts won't care about that though.
Like I said though, each state probably has a different CS calculator. Most times it's just based on income and unfortunately, expenses don't factor in at all, but hopefully (fingers crossed!) additional dependents DO factor in.
We are in Ohio and
We are in Ohio and additional dependents are a factor here. You should be able to get ahold of the worksheet that CS uses in your state and see if an allowance is made for it...
Make a GREAT Day!
In WA State it does too
Additional dependents do factor in our state, last time bm tried getting additional money, my son reduced what her original amount was. Boy, that went over like a lead balloon;)
google child support, and there are calculators for each state...
CS in Canada based on set
CS in Canada based on set tables and based solely on income of the non-custodial parent.
But spousal support is whatever amount the judge decides it to be...
One friend had $1300.00 left over from his budget (because he drove a $700.00 junker car/instead of a big car payment...and rented a small room instead of an apartment or buying a house.. So the juge ordered him to pay his X exactly $1300.00 per month....
In my hubbys case his x got spousal for a year before we 'stopped' it. And although my income or my kids shouldn't have been an issue it was taken into consideration by the judge..but we hammered home the take-home net income...rather than the gross figures that judges normally consider. AS well as her BF's income, etc. WE USED EVERY POSSIBLE ANGLE to justify having it stopped .... When the judge saw the whole picture and consideral ALL factors...we won our case..dispite our lawyer telling us that the odds were not in our favour.
I mean we hit her with EVERYTHING!! WE systematically attacked her affidavit statements one by one....disproved them..one by one..with paperwork (independant paperwork from banks, newspapers,her employer, lease agreements, we did property & title searchs, and once we got her communicating via her lawyer we used many of her own words against her..she couldn't keep track of her lies)
WE backed up every single statement we made with whatever piece of independant paperwork we could get our hands on. WE got an affidavit from youngest SD stating that her mothers landlord was really her mothers boyfreind.
We documented how careful we were with money...what our actual spendable money was at the end of the month...how tight our budget was..compared to hers.
Make sure it is 3rd party documented, (it's best)....it's well organized. Don't get into he said/she said that just irritates judges. Stick to relevent facts that proves that the law applies to your case in 'such & such' a way...based on your evidence and presidence.....
It can't hurt to tell them everything!! Reseach, research and document!!
CS in your state...
Using CO per your bio, I checked out the CS worksheets, which are used to determine the CS amount. They are almost identical to the ones we used in NC. Neither state includes the cost of any FUTURE children, only those born of a PREVIOUS marriage or those for whom support is ordered. You would actually have to divorce your husband and get a court to order CS for YOUR child before the state would consider your new child when deciding if the amount he must pay his ex-wife should be modified.
I guess this might be a lesson out there for anyone who is not yet married to their SO. Even if the two of you are together and planning to be married, it might be worth considering to go through the motions of getting a court to order support for your child. Then if you DO go back to court with the ex over support, the court will have to consider the child(ren) you have together.
Yep, it sucks. Welcome to America. Land of the free, home of the bled dry.
~ Anne ~
Hmm
Every CS calculater that I tried for my state (and I tried 4) came up with WAY less than what he is paying now (and I mean a FRACTION). Maybe I don't have all the information, and I don't want to get my hopes up, but DAMN, if we could pay a quarter of what we're paying now, we could sure get out of debt a lot quicker!
Why is it so hiiiiiiigh?!? (rhetorical question) I hope we can get it reduced when we retain our lawyer!
Oh, and FYI, other dependents DON'T factor in here.