Child Support in excess
I have a question that I just can't seem to find an answer to. My husband currently pays a very high child support payment. He does make good money and therefore his exwife doesn't have to work. We don't mind paying the child support but we have come into a problem. My husband has recently switched jobs and he may make quite a bit more money. So his exwife stands to make a pretty penny of child support. The extra money will come in the form of bonuses so it will never be a set amount. Again I feel he should pay for his children but not in excess. Is there anyway around her getting a large pay raise. Are there excess laws to where a custodial parent can't get more then they need to effectively raise the children. It is bothersome to think she will continue to live off our hard work.
Don't let her know he
Don't let her know he switched jobs.
Once she takes us back for a
Once she takes us back for a modification she will find the extra income. Will we have to back child support at that time?
She has already put the
She has already put the reqest in and it will be evaluated next month. His income hasn't changed because he hasn't made any bonuses.
Hopefully, the modification
Hopefully, the modification will be done before he starts making bonuses.
It is garnished but it is set
It is garnished but it is set at a certain amount, not a percentage each month. His bonuses only show up on his w-2 at the end of the year. Bonus checks come separately from his bi-monthly pay. So she can't see it until she takes us back to court for a modification.
Every state is different.
Every state is different. Consult a expert attorney or research the law library under family law.
Well thanks my frustration is
Well thanks my frustration is high at this point. Both myself and my husband work very hard to support out house hold and hers. Her children want for nothing already, these laws are ridiculous. She divorced him yet she is intiled to everything he earns until his kids go to college. She is going to be in the poor house once they are adults.
Thanks, I guess that is our
Thanks, I guess that is our worry that she would see how much he was making and say he should have told her. Hopefully we can get through the next two years with no modifications
When she does find out, there
When she does find out, there is nothing she can do about you not telling her sooner.
When will she be able to
When will she be able to apply for modification? In my state, CPs can put in for modification every three years and it is not retroactive. I believe it starts with the next payment after the modification goes through. The last time my husband's ex tried, she was denied because it was not enough of a difference. Ha ha!
You can find out how all of it is handled in your state just by researching it on-line.
It is good information to know.
we going to speak to our
we going to speak to our lawyer next week.
There are excess laws in SOME
There are excess laws in SOME states. For example, Texas has 20% of income for one child up to a NET amount monthly of X, but after that, they have to prove that it is needed, etc...
Do NOT let her know that he switched jobs. Also, if he is taken to CS, make sure that something is figured out that he only pays a PERCENTAGE of those bonuses...There are laws for that, it's just that the CS idiots are too lazy.
I tell you because my DH worked in sales, which meant one month he made 2K, the next 7K and sure as shit, they figured it on the average for the past few months/year. When the next year rolled around, heck, just two or 3 months after CS and he didn't make the same amount, he still had to pay the same freaking amount. That meant that because they figured for example 20% of 4.5K a month, then when he made 2K for the next 12 months, he still was forced to pay 20% of the 4.5K...which really meant, he never freaking made the 4.5K, as time passed, the idiot EX ended up getting 20% of 4.5K every month, which left him with CRAP.
PS - the aholes in Texas even took into consideration a bonus my DH got for NOT taking his vacation one year that the company offered to pay for any vacation not taken...he NEVER again had that opportunity, but that 3K he received, he has had to pay 20% in CS for the last 7 years...although it was JUST A ONE TIME DEAL...ie. the 3K ended up being SHIT to US and much more than 3K to idiot ex
I actually know the answer to
I actually know the answer to this and its no. They can't figure in your salary at all. My husbands ex tried that with me. Her lawyer asked for my pay stubs and my child support information. First I don't get child support from my ex I make too much money and he is actually a great supportive involved father. I told them to kiss my ass. Then they asked for tax returns and I blacked out all my personal information and they never asked for that again either.
In my state it is all income.
In my state it is all income.
My husband has to pay a
My husband has to pay a portion of his bonus income, which he gets twice a year. For us they take a percentage of the NET of my husband's bonuses, because they are taxed so much higher. He pays that % directly to her because the CS office where we live won't take a %, and the courts, CS office, lawyers, and judge knows he is paying her direct. He has to submit the paperwork to the CS office for records sake. The BM did try to request the GROSS instead, but the judge sided with my husband saying that since it's taxed so much higher that's why it's net. Plus, it was ruled as "additional child support" so not really subject to the state guidelines of gross income. The BM wanted his bonuses rolled in to his actual income, but since bonus income isn't guaranteed and fluctuates so much, the judge made this separate ruling.
My husband also pays a very high CS for just 1 child, also pays back arrears that built up while we were waiting for the paternity case. It sucks because the BM hadn't worked for going on 5 years, and has no plans on working. In fact, she makes sure she contacts my husband when it's time for his bonuses and demands the paystubs, which he is NOT required to provide. He gives a redacted paystub (blackens out everything but the bonus amount and taxes taken out of that amount since it's based on net--we know she wants to see his income, which has remain unchanged, to try and go in for a remod plus she's very nosy) to the CS office and tells her if she wants to see it that bad, to contact them.
The BM tried to get my income added THREE times, each time she was unsuccessful and actually got a verbal talking to from the judge the last time. The problem we had was she knew my income because during discovery, because of our situation and new CS guidelines they did a hypothetical child support my husband would pay me for our children at home, so they had to have my income to do that math. ONce they decided the hypothetical amount, they deducted that from my husband's income, and then based the CS off of that lessened income.
Try not to think of them living off of the child support. It will really drive you crazy. I had to step away from those thoughts because it pisses me off so bad--I busted my behind going to work and school full-time just so she can sit at home, figure out how to continue to make our lives hell, collect that check, and she has zero intention of going back to work anytime soon. Don't let it consume you.