What to do?? What to do?? Not sure what to do about this?
The judge signed off on the new parenting plan and child support yesterday!!!! We are now in Joint Custody, 50/50, equal rights and whatever else we can call it!!!!Yippeee!!!
Old plan (so on Nov 1)= We pay $525 on the 1st & 15th, along with (a court ordered) $250 (on the 1st) to one of the children's coaches.
New plan (Nov 5)= We pay $237.50 on the 1 & 15th along with (a non-court ordered) $125 to the coach/ half of the payment for the month.
We paid the $525.00 and $250.00 on the first. And since the plan went into effect yesterday, would the money not be pro-rated for the rest of the month??
What are your thoughts?
We are not trying to screw anyone over! We are trying to be fair. But we do not think we owe her more money for the month. The coach is paid for in full for the month, and the $525.00 exceeds the $475.00. (she thinks we should pay her $300.00 on the 15th= which is half of the 475 Child support plus half of the 125 which is paid to her to pay the coach for the month????
Any help you can give would be wonderful. We are so confused on this one.
Thanks.
- Wifi's blog
- Log in or register to post comments
Comments
Your best bet
Just let this month go at what you already paid. Chances are she will not refund the money, but if you go through a CSE agency, check to see if you will receive any credit for the over payment towards next month's payment.
But if you guys have 50/50, why do you have to pay her anything at all? Rhetorical question, because I already know the answer to that one. You guys are providing for the kids' needs your 50% of the time yet also supporting BM's 50%. That is sooo unfair. If she makes less money than your DH, that should be HER problem and not his.
Child support
In shared parenting child support is not usually related to how much time you have with the child. When people divorce/ settle child support the court adds their incomes together to come up with a percentage of income the couple spends on the kids while together. Then the court divides this based on who makes more money.
We had SD MORE than BM the first 3 years under shared custody (We had her Th, F, S, Sun and BM had her M, W, F). Even then we paid BM 500 bucks a month.
My ExH and I have shared custody as well, but had lower incomes than DH and his exW did when they divorced. So I only got 200 a month for BOTH boys.
It's a stupid antiquated system.
Now we have full custody with BM having visitation and she pays us 365 a month. We pay for all SD's care. BM's supposed to pay medical but she never did before and we don't expect to see any now. DH has to keep SD on his insurance too (which makes it easier for us to control her medical stuff anyway since BM never followed through on medical care for SD.)
I would love to have seen her face when she was told how she was losing not just our 500 a month but another 365 as well.
Oh- btw it took several months to get back our extra child support. We settled out of court so there was a back and forth of paperwork a few times. If you had a judgment then you should have more immediate results as far as what you've paid. Call the CS agency and they will help you figure out what,when, and if you have money coming back.
Congratulations on a more fair settlement!
Peace, love, and red wine
Ours was prorated and raised....
We paid $180 per week and it went up to $346 per week and they actually prorated it by days and he had to pay the remainder of the week. Their hearing was on a Tuesday so he had to pay the higher amount (minus what he had already paid that week)times the number of days that were left. The court order goes into effect immediately right? So the child support should drop IMMEDIATELY.
She's definitely caught up for the month, she would have expected the difference if it had actually gone up.
"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."
Congratulations BTW!!!!!
Oops..
"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."
Congrats and don't worry
it should work itself out. Most states have a registry that cs goes through before money reaches the hands of bm, so when you over pay, they will either refund you, or if you pay bm directly, readjust the future payments to refund yourself. It will all show at year end regardless.
Don't stress over this..
Candice
Thanks you guys! I
Thanks you guys! I appreciate the comments.
Child Support is based on the Income Shares model, in our state. They do put the incomes together and then come up with a total. We did this new parenting plan/child support without the assistance of the courts, So the Judge will sign off on anything that the parents can/will agree to on their own. And yes, we consulted with lawyers before.
We still pay her more than what we should. The fact that we have to pay her $140.00 more in Child Support a month b/c she just had a baby, is the most upsurd thing I have ever heard!!!!!!!!!!!!!!!
Yes I wrote that right.....And yes you read that correctly.
In our state she recieves an extra credit for having a child that is not my husbands. (and yes she is married to the baby's father and lives with him) Which causes our CS to be 140 more.
She is throwing a fit about the discussion of this month's CS being pro-rated. She said she will be getting a lawyer and take every action she can to make sure my Husband pays 'the' agreed to amount. Hence giving her $300 on the 15th.
The Ex states that this is "not paying his CS obligations".
It is frustrating to say the least.
Wifi
That is ridiculous!
I can't believe your dh is being required to shell out more of his income to compensate her for having another child with another man! That doesn't even fly in my bm favored state!
I know the legal garbage they threw in there, but it's still wrong. I had a child with my dh, and that caused his cs to be lowered to bm. Her additional child will never weigh on his cs obligations to her.
Thast is the biggest bs case I have EVER heard! I'm sorry..
Candice
I can't believe it!
So if she has 15 more kids he has to pay more? That is just plain dumb! Our state has the credit for PRIOR born children but not those born after the fact. That is absurd. I'd be so pissed.
Anyways, my BM throws fits all the time so I know how you feel. She also moans and groans about him not paying his "obligations" when he won't pay for and give into her ridiculous demands. Tell her to go ahead and get a lawyer.....
"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."
yes it's true
Because every dependent gets figured into calculate income- like reducing gross income on taxes. DH could have reduced his CS payment when we had our baby b/c he had another dependent so his support of SD would have been reduced. In other words the court will not sacrifice our daughter's needs over SD's needs. We never did it though b/c we were in the middle of the custody case. BUT... having our baby did factor into a reduction of DH's calculated financial obligation toward figuring of BM's CS obligation for SD.
It does kind of make sense as far as the system isn't fair to begin with.
I guess on the same level I could have asked for more from ExH when I had my baby. But, I don't work now myself so that would have lowered the overall amount for both of us, which would have likely lowered his already WAY low amount (I found out later that his attorney pulled one over on me and he's only paying for ONE of our sons b/c we agreed to the amount without using the legal calculation. All I remember is that the amount we decided on was a little more than the legal CS calculator. BUT that's b/c they only told me the amount for ONE kid and I assumed it was for both! Oh well.. we get along all these years later so whatever.)
I really don't think it should work that way. It should only allow to reduce the payor's obligation, not increase payee's check. Otherwise it does seem that the payor is paying for someone else's child.
Peace, love, and red wine
In my opinion- The credit
In my opinion- The credit should not count either way. It was not our choice to have another child (dependent). If you choose to have another child it should be your responsibility and yours alone (yours and his).
It is kinda funny -she says that we are "not paying more for her child" b/c she recieves a credit. We say if the child was not mentioned in the model, what would the child support be? "Hmmmmmmmm.....That is correct, about $140 less a month. Simple either way= We pay her more a month because she has had another child!
Honestly it is embarassing to take that money. She should be embarassed!
Wifi