Kansas - CS guidelines are horrendous
Kansas CS guidelines are horrendous!
DH is in sales, paid commission on previous 6 months sales. We go to court because the BM has refused to refinance the home that she wanted in the divorce. DH agreed to give the BM 3 yrs after the divorce to refinance the home they owned together. She refused to oblige, it is now 2.5 yrs past the deadline, in the interim of trying to get the judge involved in her contempt, BM requested a CS increase. New judge, no one knows how he will rule. Get to court, judge looks at his salary for the previous year, which is 30K higher than his current salary. Basically tells us we got off lucky for one year of great income and not paying CS on that income. So he decided to average DH's income for the last 3 years, that figure was what his current CS will be based on. Unfortunately that figure is still 20K higher than his current income, the economy has caught up with his business.
The judge doesn't care that we can't afford to now pay $1700 per month for CS, we were paying $800. We had to take a 2nd mortgage out on our house to afford the increase.
Frustrated beyond all belief! And the BM still has not refinanced the house, and the current market has turned the house upside down. To top it off, she has now lost her job again.
:sick: :sick: :sick: :sick: :sick:
He should quit his job and
He should quit his job and say he got fired. Work off the books. How many men don't go dead beat and beat the system? I wouldn't give her all that money. Fuck that.
We have considered this! And
We have considered this! And moving to Mexico.
Unfortunately, that probably
Unfortunately, that probably won't work. In some states, courts can make child support determinations based on "potential income". And potential income can be calculated using educational levels and salary history.
And heaven help you if the judge rules your DH is "willingfully unemployed/underemployed".
DH is still on the mortgage
DH is still on the mortgage and the deed. BM wanted him to sign Quit Claim Deed, but thankfully he refused. The home is on his VA, we want to use that VA loan again, so he can't forfeit, she has to refinance to release him of the obligation.
If we lose our current home, we have threatened to move in with her, since DH still has rights to the home....
We pushed the refi because it
We pushed the refi because it was on his VA. We wanted to purchase a home and not have to put 10% down. We had court scheduled last week to address the refi and a reduction in CS, but the day before court BM's attorney asked for a continuance (2nd time since May) and we have now learned that she has lost her job again...can't win for losing.
All this wouldn't be so bad, but thr BM is an absolute B*tch, she has involved the kids in the divorce, she trashes us in front of the kids. Their is no discipline in her home, the SS failed 2 classes this past year, he will be in 11th grade this year. She lets him do anything he wants, and doesn't care about school. BM has said numerous times, all she wants is to get even with DH and make him pay for leaving her.
Nothing to see here. Staying
Nothing to see here.
Staying out of it.
I believe CS should be paid.
I believe CS should be paid. I just don't believe, as in our case, that CS should be paid to support an alcohol and drug habit for BM. While SO still has to pay for everything for SS15 as well so the poor child doesn't have to go without. Oh well, only 2.5 years of CS left to pay then BM will have to find somebody else to support her habits.
We don't have any issues
We don't have any issues paying CS, but basing CS on income that you are not making is horrendous. If the judge would have based the CS on his previous years income we would be paying $2700 per month, leaving us with $300 a month to survive. We would have lost our house, cars and been on the street.
The entire CS system needs to
The entire CS system needs to be examined and changed. My SS15 is nothing more than a check to BM every month. It's so sad. SO was lucky and actually got his CS lowered. But, since then, BM feels that she shouldn't even have to buy SS15 shampoo now. Swear to God, she called and told SO that SS15 needed shampoo and wanted him to give her money. I, politely, yelled in the background "tell her to take her beer cans back for money because she's not getting a penny!!". She has since stopped calling asking for money.
ROFLMAO....oh I needed that
Totally agree with that
Totally agree with that statement!
Dang, I caught BM going thru
Dang, I caught BM going thru our recycling to grab our cans for money. Low life that she is. And that's when she was getting over a grand month in CS. Soon to be modified (??) but neither BM or DH work, they have joint custody, it will be interesting to see whose going to be pinned down as the money maker here. DH is going through his 401K while he's job hunting. BM goes to "school" via a scholarship for losers which found her unacceptable for summer session.
I live in a different state
I live in a different state from you but what I have come to find out is that it doesn't matter if the court order's that a home be refinanced by x date or not.
I have spoken with many people and just as I found out in my own case the court doesnt follow through. ex was allowed to keep the home instead of selling it. It was very clear that he could not afford the home and according to his statements in court he was several months behind (can't remember exact number) at the end of the 3 year divorce.
The court not only allowed him to keep the home but they also ordered it quick claimed to him but allowed him to keep my name on the loans for the home, creating a situation where I was locked into his loan making it impossible for me to have enough "free income" to get a home loan on my own even with 20% down.
ex had 2 years to take care of it. - of course did not happen - during that time each month it was reported to my credit that there was late or no payments - credit people called and harrassed my home even though I sent paper work from the court. According to them I was still responsible and it ruined my credit rating.
As for the child support - this is what a girlfriend does and it has worked out really well. When her income flex's over the court determined amount she took the extra and put it into a savings account. During periods that her income dropped below she took out of the account to make up the difference. She then kept records of the child's expences and the extra's that she paid out. When her ex attempted to take her to court she was able to show clearly on the excel program that she was taking responsibility and that he son's needs were her priority. (son lived with dad because he was a teen and my girlfriend works nights - not a good set up for supervision) - just an idea
We had similar issues with my
We had similar issues with my income the year I got layed off. I was laid off in Sept. My severence included being carried actively on payroll through Nov. In Dec I received a severance check for 49 weeks of pay. I also had to sell all of my active stock options that I was given as performance bonuses during my 9yrs with the company.
My income for that year was nearly 300% of my base salary though for the last 3.5mos of that year and all of the next I was unemployed.
When we went back to court for a CS review two years later BioDad got a $1000/mo reduction in his income for CS calculation purposes because of my one time only extreme income increase due to the layoff. I was re-employed by then makeing ~40% less than my historical salary levels. Because of the extreme income from my layoff year the judge decided to average my income for three years (even though StepParent income supposedly can not be considered in calculating CS) and to give BioDad an income credit because "StepDad makes a significant income that provides an artificial standard of living for the child. BioDad should not be punished by having to contribute the that artificial standard of living".
The good news for us is that BioDad's CS went up by more than 300% which sounds impressive but since the toothless dipshit was only paying $135/mo even a 300% increase resulted in nothing more than a pittance.
Good luck with this. Unfortunatley yours is just another example of the idiots in black robes in family law courts not being able to make a decent decision. But .... that is what we get when we allow the bottom 10%ers of legal profession to sit on the bench of family courts.
Best regards.
The reality is that a BM's
The reality is that a BM's main purpose in life is to take the ex to the cleaners because how DARE he move on and expect to get away scott free and live happily ever after with someone else. Our BM went as far a letting her son go truant and fail 2 years in a row in HS just so she wouldn't lose the FAT check she was getting for him every month. Mind you when child services finally got involved and removed the boy from her home and gave him to us she sent him practically NAKED. With NO clothes, shoes, coats or ANYTHING. So the 1000.00 a month she was getting for her 2 kids for the previous 9 years was going towards her cigarettes, cabs, and nightclubs while the kids were doing without.
Even after the boy was living with us she had the NERVE to tell DH that he should CONTINUE to pay her the same amount of support and that SHE would provide SS17 with whatever he needed! LOL!!!! We of course took her to court and had the CS modified, but she in turn was not made to pay us a DIME.
That's why I say tell his ass to quit his job and he can be made to pay 25.00 a week. Which is probably what she deserves. Or you can always just get custody and call it a day.
That is crazy!!! We are going
That is crazy!!! We are going to court it Wichita KS and the Judge there is being complete blind! DH's ex got remarried and was pregnant before her and DH got divorced! The judge agreed that "she didn’t know the marriage to DH was legal since it was in Japan" but married her new husband the same way. During the last year she never her son because of money issues, health issues and many other issues, mostly it wasn't conviant for her. Also hasn't paid child support. She and her family had to go back to the state s because her new baby was sick and couldn't stay in Okinawa JP. The judge said the DH didn’t do enough for SS to see the ex during the year even though her offered to do all of the flying if she would help with tickets or help more with tickets if she would fly to get him. These were not acceptable answers to her problems. While she was crying on the stand how the have no money and her baby is sick, the judge is wanting to take SS from a good home and put him in an unstable home! For what so he can be with his mom? What is wrong with the dad?
I feel ya girl
Yep, here they dis thesame to
Yep, here they dis thesame to my hubby. Then he lost his job and we were still stuck with these high cs pyments with NO income coming in. Anyway, from that we learned the best thing tk do is negotiate cs out of court- either have the attorneys settle on an amount or go to mediation. A judge will generally want to come off as 'tough' an won't deviate. But attorneys can usually work together well to come up with an agreement. I know it doesn't help now, though. Start saving his paystubs now. If his income decreases by a large percentage (I think here it's 20 or 25%) then it can be lowered. That's the bad side of sales jobs. You can make a high salary or nothing! How old are your skids? I think yousaid one was 17? At least you don't have much longer to pay...