How's this for telling a "story" to ensure DH receives Child Support from BM
Back story. BM pays us no child support. She was absent for 7 years of SS13's life but now sees him EOWe and 6 weeks in the summer. She claims she only works 5 hours a week. We know this to be a lie. She earns close to what DH earns. I have found a way to verify her income.
Clearly, we would like SOMETHING from her - even if it is only a hundred or so dollars a month.
After researching on the child support agency website and looking at all of our factors I've put together the following "pitch" (sorry, I'm in sales, so I think of things this way, LOL. But I'm also trying to think like a lawyer). Also, another big peice of info is that BM lies about income, work, everything so that she doesn't have to pay.
OK, here goes.
DH and I recently had a baby. DH's mother was going to provide child care for us upon my return to work. DH's mother recently discovered new health issues which will not allow her to watch a baby. Because of the high cost of infant care, it makes more sense for the family as a whole for DH to stay home with the baby as I make twice what he makes (probably more). If DH is not working, then WE can not continue to provide for SS in the same manner he is accustomed to.
I'm not really 100% sure that the final sentence does a good job. But this is basically our scenario.
NOw, BM should be paying support anyway - whether DH works or doesn't work. and based on the calculator whether they clock her at her actual wage or minimum wage - both at 40 hours a week, then she shoudl still owe him.
What do you think?
The court will still put down
The court will still put down the potential income your husband can make or has made in the past to calculate Child Support.
If they do that for him, will
If they do that for him, will they also do that for her?
The court should put down at
The court should put down at least minimum wage for both parents.
That would still result in
That would still result in her paying us somethign - which would be nice.
Well, we are the ones to now
Well, we are the ones to now have the additional child, so hopefully that can work in our favor as well.
I don't know what state you
I don't know what state you are in but in VA they do have a minimum child support of $65/month. It is a joke, but it's what we get for ss. That number is based on making 0-$500/month in income. If you are only looking for $100/month or so she will probably have to pay that even only working 5 hours a week.
Our judge was pissed that BM wasn't working. He lit into her about responsibility and living off of tax dollars. Your judge might do the same and say well, if she can work 5 she can work 30 and base CS off of that.
THe thing is that we know
THe thing is that we know that she works more than 5 hours. She even stated last year in mediation that she had two jobs - one she only worked one day a week for. But she never put that down in any of her income papers.
We just want SOMETHIGN from this woman. Do we "need" it? no. it's just the principal.
She is the NCP and should be
She is the NCP and should be paying CS to support her child. DH needs to nail her ass to the wall and make sure his son has equitable access to the benefits of BM's income.
If DH has a decent job and all that is threatening to make him quit is childcare then do what you need to do to make sure DH is not picking up BMs responsibilities to their son and force her to do what she should have been doing all along.
That way your SS gets support from his mom, you can affort day care for your kid and both you and DH can pursue your careers.
We had a similar situation to FormerAAGirl above. We had not filed for a CS modification for 9 years. I was layed off during the semi-con market bubble explosion and since I had no income I was able to convince my wife to finally raise DickHeads $133/mo insulting CS payment. He ran from the Constable who was serving him with the court summons and he refused delivery of summons' that were sent my mail. The DA's office contacted my wife for his information. She provided his historical income information from when they were together, his employer's contact info, his state plumbers license number and the income tables for plumbers in the county where he lived. They ended up increasing his CS by almost 600%. They also invoked payroll withholding. His head nearly exploded when he got his first pay check after they invoked payroll withholding of CS. He got a $0.00 check. He went screaming to court to try to get an emergency hearing. It took months for a new hearing and ultimately they lowered his CS down to ~300% of what it had originally been when we first filed. Because he ran from the Constable and refused delivery of summons notices they let the original award stand from our original filing date so he ended up paying the nearly 600% amount for over a year until the ~300% amount went in to effect.
All that is required is for your DH to file for a CS review. BM will be notified that she must provide copies of her federal and state tax returns plus her two most recent pay stubs. It is very hard for her to weasle out of her income unless she is paid under the table.
IMHO of course.
"That way your SS gets
"That way your SS gets support from his mom, you can affort day care for your kid and both you and DH can pursue your careers."
Wouldn't this be nice and OH, what a thought!!!
BM has been sitting on her hiney for the last 7 years working only 5 hours, while DH was busting his ass trying to support SS on his own for most of that time. He was even on public assistance for a while because he couldn't always make ends meet.
She on the other hand is either A) lying about having a second job, so that she can show us her W2s for her 5 hour job, or
Actually only working 5 hours (for the past 7 years) a week because, as she likes to say "times are hard".
Makes me sooo angry!