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child support

IAMGOOD's picture

Submitted by IAMGOOD on Wed, 12/25/2013 - 9:21pm

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So my SS recently moved out. We had him 50% of time - DH pays $1500 a month faithfully & full health and dental for both kids. DH also has to put $100 a month into college fund (she doesn't) and pay for 50% of all clothing. BM doesn't spend crap on kids for clothing so DH ends up buying shoes, sneakers, coats, etc. I spoke to my cousin who is attorney and asked her about increase in support and she said "you mean you want to take her back to lower the support?". I said "no - we are worried she is coming after us for MORE now that SS decided to move out". Her response was he is already paying too much and getting rooked.

Am I missing something here? I have been told on this site to brace myself for him paying a big increase.

???

emotionaly beat up's picture

Submitted by emotionaly beat up on Wed, 12/25/2013 - 10:01pm

I agree you need legal advice. But I thought CS was to cover food, clothing etc., why does your husband feel the need to buy clothing on top of CS.

onthefence2's picture

Submitted by onthefence2 on Thu, 12/26/2013 - 7:05am

Child support isn't paid to the mom so she can pay for everything. If the children are 50/50 with each parent, technically costs they incur at each home should be split. In this case, Dad is paying more than he should to cover for Mom, thereby enabling her. Child support in 50/50 situations is to help provide a decent home in both places. If the kids were with mom except for EOWE, she would (should) pay for all clothes and needs of the children.

Anon2009's picture

Submitted by Anon2009 on Thu, 12/26/2013 - 12:00am

Don't give BM one penny above what is ordered in the CO. And talk to your cousin often for legal advice. Maybe take her on as an attorney. Or better yet, ask her for the names of some good ones. If you have your cousin as your attorney, the court may see that as improper.

Some links that could help you:
http://www.mass.gov/courts/childsupport/2013-child-support-guidelines.pdf
http://www.mass.gov/dor/child-support/your-child-support/information-abo...

But what would really help is to get this before a judge. I've heard of cases here and there where judges have decided that the CS payor was paying too much and reduced it. And you need to have an attorney who can really help you.

Happy Holidays!

CarpeOmnia's picture

Submitted by CarpeOmnia on Thu, 12/26/2013 - 4:13am

My husband was 50/50 for his twin girls. When one went and lived 100% with her mom the individual support payment costs for BOTH increased.
Per person, the cost of a singleton going 50/50 is more expensive than if two or more kids are going back and forth 50/50.
A lot depends on what the BM fights for.
If the child doesn't go to college or university, the child support ends. Dad could be on the hook for a while still though if the child continues his schooling.
At least...this was my experience with my kids, and with my husbands kids, but I don't live where you do.

Amber Miller's picture

Submitted by Amber Miller on Thu, 12/26/2013 - 11:32am

My ex pays $445 for 3 kids. The court determined he has them 1% of the time and I have them 99%. It's unbelievable that he was ordered to pay such a small amount. Originally, he was ordered $508 a month. He has had 8 different jobs this year. I filed the papers to have CS ordered and it took over a year to get the CS awarded for the kids as he didn't show up for mediation/custody dates nor did he show up for court dates that were scheduled to determine how much CS he was to pay the kids. Every time I showed up for court and he didn't, the judge would order a continuance for 3 months. This case was continued 3 times before he decided to show up. He never returned any of the paperwork that was mailed to him from DCSS. I received 100% physical and legal because he didn't show up. When he finally showed up in court he brought a pay stub that he cherry picked showing that he worked 2 days a week at $10 an hour. They used this info and ran the computer program/equation and as a result the CS order was reduced to $330 a month for 3 kids :jawdrop: . I was livid. We went to court and opened the case because $508 is not a sufficient amount of support for 3 kids. I refused to sign the contract. The court appointed attorney for DCSS went back and talked to my ex and he agreed to the $445 (what a great guy). The moral of my story is to be cautious. If I would've left everything alone the amount would've stayed at $508 a month. I was further advised that if I file for another modification in the future that the amount could be lowered again. He lied to the court about his income and got away with it. Please learn from my mistake and have a one hour consultation with an attorney before doing anything. I wish I would've done this. Good luck to you.