my DH Ex wife owns a home, but its in her father's name
So recently we settled a custody agreement with DH ex and Im cool with the outcome except for the fact that the lawyer did not factor in to the cs payments the fact that he has a child with me and they also did calculate the fact that she pretty much owns a house and probably rents it out.. I asked my hubby about this and he didnt even mention it to his lawyer bc the house is still in his ex wife's father's name. He doesnt believe there would be anyway to prove she owns the house. I tried checking online and it is still in his (the dad's) name. But a few years ago she bragged about getting $850 dollars a month for the house if she put it on section 8. I know her dad gave her the house, but he never put it in her name. We dont know if she is renting it out and she wouldnt share that with us anyway. So my question is, is there a way to add that in to her income? For instance, has anyone been in a similar situation where you know they could have more income than they are claiming and you just need to prove it?...If she is getting money from this house, that puts her income way above my husband's.
First your husband should
First your husband should have mention his child with you. There has to be enough to support both families
In relation to question
You can request an affidavit of means through her and her tax return last five years through tax office here. From here, your lawyer should be able to find the discrepancy and may bring her father to testify or question her about it in stand
That's how it works here
He asked her if he could see
He asked her if he could see her tax return actually and she got very upset and refused. It was odd bc this was something she asked for from him a year ago.
Yep but I did learn that in
Yep but I did learn that in Florida, new children born will certainly not make child support go down but they are counted and can prevent it from going up at adjustment time.
This court uses a cs
This court uses a cs calculator that does ask if there are other children in the home. I dont know if the payments would go down or not, but there was a space to provide that information. And one can budget as much as they want for their children, but the amount some parents pay for cs does not fit in to any budget I have seen. Paying child support is not always just supporting the child.
" I know her dad gave her the
" I know her dad gave her the house, but he never put it in her name. "
The deed and property tax records are in Dad's name. If the house went section 8, all that paperwork/ approval process would also have to be in Dad's name. Any tax return eligibility on the property would be Dad's filings, not hers.
When your husband lowered his custodial time, you knew CS would go up. It did. Did you and husband actually ever move the six hours away, or just rework the custody where you had all lived? Just curious which ever way, if it has made a difference. Is SD happier now with more time at BM's?
I knew it was going to go up,
I knew it was going to go up, but for me it's like when you file your taxes and owe money, you know you owe but you want to get the best deal possible. I'm not enitrely concerned that it went up but I do think they could have made some deductions if the whole point to cs is so that the child is comfortable in both homes and is provided and cared for equally.
We haven't moved yet. I dont know if you know anything about some of these lawyers and legal systems, but they take their sweet time getting legal papers together. They just signed the papers a few weeks ago. The new agreement wont go in to affect until we move, he still has 50/50 until then.
If she is receiving section 8
If she is receiving section 8 rent and depositing it in her account when the home is in her fathers name that is a whole other issue and can be reported to HUD.
If she is keeping the rent herself then she would have to report the income on her taxes.
Both parties should have to
Both parties should have to submit their most recent tax return to the court any time there is a motion regarding support. We had to each time either we or the Sperm Clan initiated an action.
We had to submit about a reem of stuff and the Sperm Idiot got by with a few pages and copies of his most recent couple of check stubs.
No worries though. What he and many people don't realize is that the income shares formulas for most states will increase CS over time as the income of the BPs increases even if the CP earns significantly more than the NCP. Over the years my bride's % of responsibility just kept going up as her career thrived and the Sperm Idiot's CS just kept going up because though his % of responsibility kept declining the total combined income of my bride and the Sperm Idiot grew at a faster rate than his % responsibility declined. His income did not change significantly for the last 8 years of the CO but my brides skyrocketed. So CS kept on climbing. Each time the Sperm Clan got nasty we would file for a review of CS. It was painful for them. If they were reasonable, we kept the pain to a minimum. If they were nasty.... review the CS. Their reasonable to toxic cycle was about a 2yr frequency which lined up nicely with the 2yr horizon for reviewing CS. }:)
It is interesting to play around with your state's online CS calculator to see what impact different income/# of children scenerios for either or both parties has on the CS results.