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Ugh! Modification Nightmare - Vent!!!

icehockey101's picture
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DH's CS was set about 8 years ago... when we lived in the same state as BM and DH made twice as much as he did when we moved here 7 years ago. He never contested it, just continued to pay even though we couldn't afford it. DH also overpaid by $5k because they lumped in daycare costs, even though BM never produced a receipt, and SS stayed with his BGM after school. Since BM wouldn't forgive the overpayment, all the state could say is "sorry". Sigh.

Last year, SS came to live here and BM was "unemployed". The state calculated her CS due to unemployment at $90. Ok, whatever. BM started "volunteering" back in March Th-Sun nights from 7pm-5am at a hospital. Never in my life have I heard of a volunteer gig at a hospital with those hours. And by some miracle, she was hired on in the same position the day SS moved back to her house.

So, with the change in custody, and that DH is in school, we have adopted 2 kids, DH has requested a modification rather than just returning to what it was. The state came back and said calculated at min. wage 32 hours per week his support would be $13. Of course BM is pissed and we have a court date. DH told the state we would be willing to pay CS based on what he *could* make if he was working FT because as a parent he should be working(HS diploma doesn't go far - hence the reason in school). They are supposed to be presenting it to the lawyers to take to BM to see if she will accept. It is still less than what he used to pay, but at least more than $13.

I have played with the online calculator and can get it from BM paying us (which would be funny!) to DH paying just over what he pays now (depending on if BM actually reports her income). I just hate the game we have to play... DH has records of what he made the last 2 jobs , and the state webpage stating what BM would make in her chosen profession to take to court. I just hate the uncertainty of it all, not knowing if BM will accept the offer (doubt life is all about money with her) or if they have to go to court what the judge will say. Ugh!!!

To make matters worse, the state case manager is out of the office this week in addition to being overloaded that she hasn't returned any of DH's phone calls for the last month and he has to get approval to pay to call in for court. Its just crazy. Luckily crazy *should* be over next Tuesday... unless there's a continuation.

Anyone ever have a situation like this? It almost makes me wish we had lived in a state like TX where its just a flat percentage of income... not based on parenting time, who makes what, taxes, mortgages, other kids, etc all factored in!

SanAntonioSoccerMom's picture

How is your family living if your husband is in school full time? Are you the breadwinner?

It is not uncommon to impute wages, it happens all the time. Unfortunately, going to school full time as an adult with kids, and not working, is a luxury most are not afforded. He still has obligations since he is the NCP to support his child. What state are you dealing with?

icehockey101's picture

We are not trying to get out of CS - the opposite. We were trying to get it to be fair - based on what he could make here. He has a HS diploma, which is why he is back in school. He was able to make about twice what he can make here when he lived out of state 7 years ago. But living where we do, it is not possible. The other state is asking it to be based off minimum wage, we were proposing what he could make here - which is about $10/hour - more than minimum wage.

And yes, while DH is in school, I am the one paying for all of it. Our kids, our home, his school and CS. It doesn't bother me because I know that it will benefit us all in the long run. We have had MANY lengthy conversations about him not working to go to school because he HATES not working... but in 2.5 more years he will have his BA/BS and will be able to actually have a career and help support our family as well as pay his CS.

Disneyfan's picture

So you are the one who will end up paying his CS for the next 2.5 years??

The man has 3 kids to help support.
He's past the point in life where he can be a full time, unemployed student.

If he's in school during the day,then he can work at night~ fast food, retail...anything.

icehockey101's picture

He can work. I would rather have some time with him. My preference. I enjoy spending time with my husband and my kids, and being able to do both at the same time. Trust me, if I would let him, he would work. When we first met, he had 3 jobs. He can be a workaholic. But life is too short, and we do fine without it. Besides, if he did any work that interfered with when the kids are dropped off/picked up from school, we would end up paying over half what he could make in child care costs. Not worth it in my opinion.