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Writing a letter to Child Support to review case....should we include this stuff?

SteppingUp's picture

The birth of my child is looming, and we're scared about finances. I currently don't have a job in my field, and I only make half of what I COULD be making right now. My fiance called the Child Support Agency and asked them if anything changes when he has another baby with his current Child Support payments to BM. They told him he can write a letter and explain the changes that are occurring in his life, which include the new child, and they will review it.

We are kind of excited but trying to not get our hopes up. However, a light bulb went off. Isn't this the perfect time for DF to outline all the atrocities committed by BM as well -- that add to the reasoning for us not to pay her as much child support? These are the things I think DF needs to include in his letter:

1. Right now, the child support my fiance pays covers day care for SS3, plus about $150 beyond that. BM does carry SS3 on her insurance, but she WORKS for an insurance company and DF knows for a fact that the amount she pays to cover him is only around $40/month. So she's technically getting about $100 to cover other expenses, which would be completely acceptable if she cared for SS3 a majority of the time, but -- This leads us to the next point --
2. We have him 50% of the time according to the stipulation. We have plenty of documentation that BM consistently does not care for SS3 on her weekends, but instead he stays with her parents. Therefore, she is technically NOT providing care for her child for the 50% of the time he is supposed to be in her care.
3. We have documentation of numerous days per month when BM asks us to take SS3 additional days/nights.
4. There have been 3 instances in the last year when DF has taken unpaid days off to care for his sick son, while BM has PTO she can use but refuses to use it to care for her sick child.
5. 3 times in the last year, BM has asked DF for help with paying for day care costs for the week. She promises to pay him back the next week. This equals up to $330 so far, and she refuses to pay him back for any of it.
6. In the last 6 months, BM has gotten a promotion at her job, and we are fairly certain that she now makes more money a year than DF.
7. We care for BM's daughter 2 days/nights a week, although we have no legal visitation or custody of her. We do not receive any compensation for this.
8. BM refuses to help pay for activities for SS3 to be involved in, stating that she has no money to pay for such things, even when we offer to pay half. However, she gets her hair highlighted often, tans, gets her nails done, and we she goes to the bars and drinks at least 2 nights a week (documented as often as we find out).

Does this stuff sound petty? Or is it worth including?

Comments

Rags's picture

The stuff that increases your DFs parenting time may be valuable as will the new baby and possibly the BMs increase in income.

As frustrating as it is to deal with, the rest of it will likely not get much air time in court if it gets considered at all.

However, keep comprehensive records of everything because it can lend credibility to your perspective if it ever gets to a BM said, BioDad said situation.

Our comprehensive records have been extremely valuable in controlling the SpermClan over the years. A nasty gram letter from our attorney clearly stating what will be presented to the judge if they force us to take them to court usually gets them in line quickly and we don't have to actually take them to court.

Good luck.

SteppingUp's picture

#4 - I agree with you. But what happens is that it doesn't matter whether it is BM's day or not, she refuses to take the day off to care for her sick child and will purposely BRING him to day care knowing that he is sick, then will not answer her work phone calls from BM until daycare ends up calling my DF. It's about an hour of phone calls before DF finally just takes the day off without pay to take care of his kid. There was one time where DF was working out of town on a day like this, and BM had one of her friends take care of him.

Thank you for your insight and yes you are totally right to include daycare/healthcare will be for the baby, as it definitely costs more for a newborn than for a 3 year old!

simifan's picture

Maybe I am reading this wrong, but he is paying $150.00 plus daycare? If so I doubt your CS will go anywhere but up. You may want to triple check the calculators in your state.

The new child maybe depending on your state, the extra overnights, maybe depending on your state.

If you are not married you might consider taking him to CS first so that he can show two orders when trying to modify.

SteppingUp's picture

Yes it makes no sense to me why our state favors the mother over the father. DF's lawyer even said that the state rarely ever gives "joint" custody (which is what he fought for back then). So technically he does not have joint custody but he does have his kid almost 50% of the time (minus 1 day a month). BM is considered primary, which is why she gets the CS.

I also hear that in my state they don't take into consideration at all what the BM makes, but I'm not sure if that's fact or just what people are saying to me.

SteppingUp's picture

No, he pays her child support. What I was explaining was that the CS he pays her is enough to cover daycare plus 150 or so.