HELP sick child and CS
Forums:
my husband pays very little CS for his daughter...it was asessed last when he was not married to me and made very little money... he makes more now. He was not married and was never married to his BM who got pregnant to trap him...We are married and had a kid 10 months ago...our son is very sick...he requires expensive medication on a daily basis and sees a specialist as well as a regular ped way more than most babies. Does anyone know if this will help reduce the child support raise he will incur if we go to court?? Will they take our son into consideration enough not to make it so high that we can't buy his meds, pay for his special diet foods and pay doctor co pays exc?????
P.S. We Live in Michigan
check the laws
I know in MN if you have excessive medical bills and such you can have your support lowered but I am not sure of that applies to your second child or just the parent.
It may vary by state
But BD counted toward our calcualtion when CS was figured when BM conceded FC to DH. My sons were not (SKIDS don't count, interestingly enough, not unless DH had to adopt them.)
But BD did.
"When you take charge of your life, there is no longer need to ask permission of other people or society at large. When you ask permission, you give someone veto power over your life." ~Geoffrey F. Abert
Usually your DHs obligation
Usually your DHs obligation to medical expenses for other children does count, but it varied by state. Google it for your state or ask a family lawyer, there are free consultations...even phone consultation with a lawyer could tell you. Is the BM taking you to court to try to raise cs or are you thinking of trying to get it reduced? If its the latter, I wouldn't. If its already low, leave it alone considering he makes more money now.
"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"
she is taking us to court to
she is taking us to court to get more. I know it will go up I am just wondering if it will be less of an increase because he has another child who requires extra stuff for medical purposes that insurance does not cover.
Dr. Phil
has an episode the other day regarding CS. They had that BBall player on that has 10 kids by 8 different women.
Anyway, one of the other people on the show said that when they went to court regarding reducing CS for H's one child with another woman because he had another child with his new wife and could not afford anything or to even pay for his new child, that the judge told the new wife that "the court didn't give a damn about her biological child with him and would not take that into consideration. I don't know how true that is.
It depends
In NC they use a spread sheet to figure CS. You punch in what they ask for and it pops out a number. It's stupid, and does not take in to consideration much. For instance, my DH's salary is lower b/c his employer pays insurance for him and the 2 kids. However, we can't count that he "pays" for insurance against the CS b/c he doesn't pay "out of pocket" for it.
I do know they take other children into consideration, as for the medical bills, the judges in NC can deviate from the worksheet in special situations. I would think a child with expensive medical bills not covered by insurance would count for that, but an attorney in your corner would probably be the best idea.
I think the extra medical bills would
be considered an extraordinary expense - medical.
I am thinking it should be taken in to account when it comes to what he is paying.
Be prepared to show receipts and/or information to make sure it is true to the judge.
Good luck - I hope it works out in your favor.