Child support modification due to biomom making way more money than my husband
Hello, I'm new here and had a question about Child support. My husband has 2 bio children with ex-wife (5/g and 3/b). she's a dr and makes 4xs more than he does. we get the kids every thursday and then every other weekend thursday to monday. My husband and I just had a baby and are struggling financially because he pays 1200 a month to her.
My question is... Has anyone gone back to court to file for a modification of a decreased child support due to these circumstances?
i don't know if i'm being selfish or if i'm a bad person because now ii see my stepkids as a burden because they have everything and i'm over here hesitating on spending money on my own child because we don't have enough even for the bills. Maybe jealousy because of it. my baby is only 5 months old and i hate that i have to watch what i buy for her. Sorry if i seem horrible but was just wondering if anyone has ever been able to get their child support modified because of this.
btw, ex-wife always throws it in my husbands face that she makes way more money than he does and it pisses me off.
You live in Texas. A new
You live in Texas. A new marriage and new child will not get your Dh a lowered CS. They do not go by CP income there. She could make 20x what he does.
Unless your Dh has had a change in income due to job loss or physcal disabiltiy his odds are pretty zip.
Okay, thank you for the
Okay, thank you for the information. It's basically what i figured... but just wanted to make sure and ask. thank you.
You are not selfish or bad
It is a difficult situation, but you have to accept that your DH has other commitments. Many people have to watch what they spend. If you are not working outside the home, you may have to go back to work sooner than you wanted. Do you get CS for your older child, if not, you need to pursue that.
As to her throwing stuff at your DH, he needs to tell her to limit conversation to kids. And he needs to stop sharing her comments with you. Now, if she is saying that what she earns is not relevant as to CS, she may be correct, and he has to accept it.
Yes, i'm working and you're
Yes, i'm working and you're right. Was just wishful thinking. And yes, i get CS for my older child but not enough to balance out the difference. But it's okay... thank you again for y'alls input.
There are usually calculators
There are usually calculators online for each state that will give you an estimate on what it should be. If you have a real estimate on what her income is, you can always see what the calculation is.
children that come after the 1st child support order aren't often factored as a reason to decrease CS. The court sees it as he should not have more children if he isn't able to proprerly support the one he already has....
Texas is one of the flat
Texas is one of the flat percentage (I think 25% for two kids, 20% for one kid) based solely on the NCP's income. The CP's income is not taken into consideration.
My own state had the same crazy calculating method until just a couple years ago (except we went 28% for two kids)... CP's income, overnights, none of it mattered.
While adding new children to already present obligations should not be an automatic 'break' in current CS, I do believe that both parents incomes should be.... but it took 30 years to finally get a change in guideline calculators in my state. Texas lawmakers need lobbied hard to change their outdated broken system.
in my opinion, there should
in my opinion, there should be a review especially IF BM makes a lot more money than dh does. In some cases I have seen BM's pay cs to dads under these circumstances.
It is worth a look see. Remember folks the kids deserve to enjoy the money in both homes as if the marriage was still intact. Right???????
Or is that only if males make more money than females? Not trying to be sarcastic.
I think that arguement is generally made
When suggsting that a parent should pay for extras. Maybe OP will come back to us, as to whether her DH is paying anything in addition to CS, or whehter his Ex pay for extras
This may be useful
http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx
He could try for full custody
He could try for full custody and make her pay him
I think it is wrong wrong wrong
For any parent, male or female, to go for full custody to reduce child support. I would hope no one here would recommend it. Do we really think that OP, with 3 kids, and working can do a better job than the mom? But even if OP wants to do that, what will happen then? The $1,300 that dad is paying for CS shoulds like a lot, but does it inlcude day care? Is the ex paying for Day care, and dad gets the kid mostly on his days off? And is OP supposed to care for dad's two older kids, even though she works? Is your plan that they can force mom to pay for the child care when they move the kids to dad's.