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Can FDH subtract a non-CS expense from his monthly CS payment to BM?

mm1294's picture
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My FDH's 17 year old son recently got his driver's license. His BM gave him a car that was willed to her by her recently decased Mother. His insurance/maintenance/repairs are not covered in their divorce decree. BM wants FDH to pay 100% of those expenses (as he does for his daughters - which IS specified in their divorce decree) and he is offering to pay only 50%, which is more than fair. He mentioned deducting his portion of the monthly insurance payment from his CS payment to her (in the event that he retained the policy). Isn't this frowned upon by the courts? She is the custodial parent and should really be securing the policy in her name as the son is at that address the majority of the time. In that case, he could simply ADD his portion of the payment to his CS or alimony payment, right? Or even just submit his portion of the payment diretly to the insurance carrier and she pay her half in the same manner.

It would be easy to just deduct the amount from CS, but I don't want it to come back on him/us at any point in the future.

Suggestions?

herewegoagain's picture

Wow, I can't believe any darn judge would MAKE someone pay such things...outrageous! Not his responsibility. Anyway, he should not deduct anything from CS. I also would not be giving them anything if it is not specified in the court order.

mm1294's picture

The divorce decree did state that he had to provide cars for both of his daughters and pay 100% of associated car insurance/maintenance/repairs, which he does (and the decree does not specify until what age he has to pay). His son was not of legal driving age at the time of their divorce, so it was not addressed in the decree. She is demanding he pay 100% of all associated insurance/maintenance/repairs for their son as well. He is more than willing to pay half, but getting a bit sick and tired of her constant "poor me" / "I have no money" excuses. She has a good job, is paid CS and permanent alimony, dresses quite well, etc. I am sure she could adjust her monthly disposable income spend to pay half of her son's car insurance (about $100 would be her half), if she wanted to. Of course, she'll tell her son that FDH "won't pay" his car insurance and that he can't drive now... But that's a whole different story. Sigh. She irritates me to NO end.

VioletsareBlue's picture

I don't understand why a divorce decree would tell any parent that they have to buy a car for any kid and pay all the maintenance. That just seems assinine and over the top to me.

mm1294's picture

I am not sure why their decree only addressed only his daughters and not his son. Perhaps because he was not of legal driving age? Same BM. He rarely ever argues with her over paying anything above and beyond CS. He rarely, if every, asks her to pay half of any non-CS expenses that come up (clothes, etc). But he still pays quite a bit of CS for just his son and a hefty permanent amount of alimony. She is gainfully employed and has been with the same company for quite some time. He has certainly let guilt guide much of his parenting/coparenting decisions over the years and is trying to set some boundaries with BM about things like this. She always dumps issues with money on him and he usually just pays to avoid confrontation with her. $200 per month for his son's insurance may not seem like a huge amount of money, but over the course of the next 3,4 or 5 years, it could amount to $10,000 and THAT is a lot of money. And that doesn't include other related car expenses. He certainly doesn't want to penalize his son, but it's time she step up to the plate and do her part as well, right?!? As his future wife, I'd like things like this to not be just "our" responsibility because she says so.

LizzieA's picture

I have a novel thought. The kid, since he has a car, can work and pay his own insurance. I'd hesitate to put him on yours. Teen boy. Whoa. Expensive and if he gets tickets, it will skyrocket. He should be covered where he lives in my opinion.

So is DH on hook for SDs' cars until they die? Or he does? What are people thinking when they write these things.

mm1294's picture

I totally agree with the kids contributing something towards their insurance! But, since the daughters don't, it would seem unfair to ask their son to pay something towards his?!? They set themselves up for that when they decided to spoil their children rotten. That is between FDH and BM. I completely agree with teaching their children financially responsiblity, but it's not really any of my business. His oldest daughter is 22. She hasn't graduated from college yet. I am hoping he would stop paying when/if she graduates?!? I have no clue. As the future wife (and EQUAL contributor to our finances), it would be nice to know how long we will be responsible for these payments. That is exactly why I said $200 per month may not be a huge amount, but over the course of years, it certainly adds up.

mm1294's picture

They were married almost 20 years and she was a stay-at-home Mom during much of that time. Also, he owns a business and alimony was used, in part, as a negotiating tool to prevent her from taking any ownership/share of his business as part of the settlement, which to him was worth more than the payment of alimony. She's fairly sane (at times anyway), attractive, etc. Her youngest graduates from HS next year. In all likelihood, she'll remarry at some point. She's been dating someone now for about 7 months, so fingers crossed he's 'the one', or second one! Smile

NCMilGal's picture

Nope, no deducting insurance expenses from CS.

BM is starting to make noises about DH paying for half of SD16's insurance needs in the future IF she ever gets a license/car. We've been telling BM/SD16 that car stuff is the responsibility of the domiciliary parent. SD16 agrees. BM knows (or SHOULD know) that she will have to take DH back to court to get these expenses out of him. BM wanted the glory of custody, she can pay for it.

IMO, your SS needs a J-O-B and to pay for at least half of the expenses. It's not fair that his sisters get babied, but if it's a choice between not driving and driving, I think he'd get a job quick.

mm1294's picture

He is supposedly looking for a job, but that will certainly go towards nothing more than gas, if that. My FDH will never deny his son the opportunity to drive given that his sisters both got cars, etc. I think they are ALL spoiled rotten, but who cares what I think. Furthermore, the BM would most definitely put the son squarely in the middle of this situation and tell him that she couldn't afford the expense, etc and that his father was unwilling to pay. She has no filter when it comes to her kids and matters that should be between the parents only. My FDH does not want to hurt his relationship with his son either.

It really bothers me that she always plays the pity card and rebounds all financial matters to us. Their decree is very vague about items outside of basic CS. But I guess that's a different issue.

We discussed this again tonight and he agrees that he will either ADD his portion of the car insurance to her monthly alimony or CS payment or simply pay his half directly to the insurance carrier and she can do the same. We defintely don't want to do anything in terms of modifying CS. I'm sure she will hit the roof when he says he will NOT pay 100% as she DEMANDED. I hope he doesn't cave to her, yet again.