What exactly counts as child support (in NYS)??
Hello everyone. I have been visiting the site for over a year, never have posted. I have been married for over a year and have a 5 year old step son. My husband went to family court 4 years ago and has been paying the same amount of support ever since, despite the fact that he has had a reduction in his salary. Also, BM has primary custody, but we end up buying nearly everything for the child, from medical expenses, child care, clothing,scholing etc. BM is in arrears for not paying her part for the past 4 years. My question is, what can we take her to court for? I am assuming we can take her to court for not paying all the medical expenses and child care that she was supposed to. (and, my husband has never missed a child support payment despite her non-payment). What about all the clothing for school that we buy him? Does this go towards child support? I am assuming it is different in every state, so if anyone knows anything about NY state, it would be so greatly appreciated. I am so frustrated and enraged; I am wondering what the hell did I get myself into?
Look at the court order. If
Look at the court order. If she is court ordered to pay for specific items, you might be able to recover the money. If it's not specifically referenced in the order, you won't likely get reimbursement.
Just an example..
My divorce decree states that my ex and I are to equally share in out-of-pocket medical expenses. That is enforceable. It is clearly written in our agreement. I send him the receipts. He has 30 days to pay his 1/2.
If my ex goes out and purchases the kids a bunch of school clothes....awesome! But he's not getting any money from me. That's not part of our court order. That would basically be a gift from him to the kids.
For sure your DH needs to
For sure your DH needs to stop paying any more than what is specifically defined in the CO. It is likely that he will get nothing out of the over-payments he has made even for the stuff that BM was not paying such as tuition, child care, etc..... He may get something back in judgement against BMs share of the medical expenses.
Unfortunately many of the moron judges in family law courts consider any over payments beyond CS a gift.
As I indicated in the beginning of my response, DH should pay not one penny more that what the CO stipulates for anything.
Gifts directly to the kids as he sees fit but not a penny in cash to BM beyond CS.
IMHO of course.
Best regards,