Can BM get more child support?
BM had her lawyer draw up separation papers 4 years ago. She asked for $400 a month for each child in child support (two children= $800). SO also agreed to cover the children's insurance, and 70% of their medical bills, to finish paying off SD (then 19-20 years old) car, BM's car payment for 15 months (which she gave to SD when she turned 16, and BM was given a car from her own mother), and to pay her mortgage for 4 years, or until she got married. He also paid for all three daughter's cell phones (not in the agreement), until things were so financially strained that he had to cut some costs (not to mention that the girls were trashing him, with those cell phones, on social media), and OSD lived with us (off of us) for a total of 9 months, sucking us dry. SO's income has not changed. BM has a new job, so now her income has increased by almost 20%. She also got married in July. Two weeks ago, she told SO that if he did not cover cell phone costs for the two younger children, or pay for SD16's car insurance, she was taking him back to court. She said that according to her attorney, she could have asked for $400 MORE in child support a month, but was trying to be nice. I've pulled up some of the worksheets online, and if they consider his overtime, yeah, he should pay a little more (NOT $400 more). However, my own attorney, when settling CS with my ex, told me that overtime and side jobs would not be considered in figuring up CS. Only base (40hrs/week) would be considered when determining CS. Then, two days ago, BM gets a brand new car. SO's vehicle has been broken down (a 1998 model) for three months, (can't afford to fix it) while he drives my car (over 200,000 miles) back and forth to work. SD16 has a 2011 (maybe 2010, or 2012, but damn newer than ours), while he is having a hard time finding something reliable to drive. What exactly will the courts consider in this case? BM said he would be notified in November about CS.
A person's living expenses
A person's living expenses are not factored into CS calculations. What type a car a person drives or other purchases a person has made do not factor into the calculations either.
The simple fact that BM's income has increase 20% is enough of a change to warrant a review of CS.
I know in my state, however, my exH's second job WAS included in the CS calculations.
Since your SO has been paying the SK's cell phones and car insurance for all this time, there is a small possibility a judge would order him to continue paying that.
I know he needs to meet with
I know he needs to meet with his attorney, and he has tried, but she's "so tied up right now," she will get back to him on whether or not she can even see him. I am just wondering what other's experiences are....
That makes me sick. He just
That makes me sick. He just tried to do the best he could for his kids, and just couldn't anymore. I just don't understand how she "can't afford" cell phones and car insurance, when she has been able to for 7+ months, until SD21 moved back in with her. And she can't afford that now that she's gotten married, and has a new car herself? AND has a MUCH better-paying job than she did when the separation papers were signed? Gah....
I'm kind of hoping the same
I'm kind of hoping the same thing. I'm not sure if it matters or not, but for six months, while he was paying BM's mortgage, she was supposed to pay insurance and taxes on the home, but he ended up paying it because she never got things straight and those costs were escrowed....but he never took her to court to repay those costs.
Well, honestly, we were just
Well, honestly, we were just as dumb as BM. SD21 lived here wayyyyy too long without paying a cent or lifting a damn finger, and having no job, just living it up. As soon as BM had to take over SD21's car insurance and cell phone and living expenses, that's when she started complaining about not having enough CS to cover SD16 and SD14's needs.
Be glad that car insurance on
Be glad that car insurance on the 16yr old is a female and not a teen male. If Dh originally agreed to pay children's car insurance, he is likely stuck paying for the 16yr old until she maxs out of CS age. Can the CS be modified after a review , yes. The $400 per kid was agreed to under the agreement 4yr ago. CS is something that can be review and lowered/raised after certain guideline times and/or significant changes in financial circumstances.
Dh perhaps should have been more explicit in the original agreement on the type and price of vehicle he was willing to insure. There's a big difference between a new car still on loan or a older car and also makes/models. But as is, these are usually the type of agreement in original that doesn't change even if CS is modified. I can't see a judge allowing the cell phone thing though just because past experience shows he was paying and now will not. That was a 'gift', an extra non-requirement and I believe will be considered as a 'gift' that has now ended. I would think cell phones is a non-issue cost wise, lots of parents put Jrs on their plan and it cost peanuts. I, myself, am actually under my adult son's plan and I pay him the $20 a month to be there. If such arrangement could be worked out over your younger skids phone, I'd likely not get too excited over that one. I would however not be paying for the actual phone itself. If the daughter wants a fancy phone with lots of cost to operate/use , then offering to keep daughter on my plan would cease. Kind of 'get what I do provide, or do without'.
Ha! I know it! I have a 17
Ha! I know it! I have a 17 year old bio son, myself!!! However, when I tried to put something in our agreement about cars and car insurance for the kids (we have three, I was going to take care of one, he take care of the next, and we split the youngest 50/50), the attorney said there was NO way a judge would enforce that if my ex didn't agree to it. Cars are "luxuries," she said, in the court's eyes.
There was NOTHING in SO's agreement about cars, car insurance, cell phones. Just CS, and medical insurance, and 70% of medical and dental bills.
Hmmmm....maybe he should offer car insurance (liability only) and basic cell phone plan (no smart phone)? And avoid court?
living expenses has nothing
living expenses has nothing to do with it. You can ask for a raise I think every three years, although I have only once in my life and don't plan to again until my one child is in college and he only has one to support. The courts can say yes/no/or even lower it instead of raising it. It will be based on what you made then and what you make now and the cost of living for your area. And of course if you or the other party has connections with the court!!! (they say the last part isn't true, but it really is) I would answer all the questions correct and be honest if you can't afford it, and pray and wait!! Also doesn't matter if the person with the kids got married, they don't go by the step parents income. Maybe the parents should sit down and really talk this out and maybe the money can go towards the phones or something for the kids. Just an idea although this doesn't always work.
Okay, disregarding living
Okay, disregarding living expenses, the bottom line is that in the past year, and since the separation/CS agreement, her income has increased almost 20% and his has increased less than 3%. It sounds like I shouldn't worry?
Good idea! Especially since I
Good idea! Especially since I feel snarky on most days...lol. SO had to file bankruptcy during his marriage. They are both idiots when it comes to money, and raising three children to think money grows on trees. I got SO on a strict budget, but I swear, if he has to pay MORE CS, I'm going to have to throw my hands in the air. Because sooner or later, he's not even going to have a ride to get to work to EARN that CS money.
Don't worry over this. It's
Don't worry over this. It's a threat to try to get him to agree to pay for more - likely in writing.
Let her take hime to court for a modification. Get a pro-Dad attny and drag it along. Turn it the other way around and ask that she pay for all the extras. That would probably cause her to drop the fight right there....
@PokaDotty and
@PokaDotty and beaccountable...I agree that I think she's trying to call his bluff. He has pitched in whenever he could, in addition to CS. Prom dresses, gas money, spending money, clothes, shoes, etc. And now it's going to come back and bite him in the ass when his vehicle is old, worn out, and breaking down? My BS17 and BS14 both work to make money for their "extras," but a part-time job is beneath SDs, and we struggle at our home for bare necessities! And I really feel like this has all come about because SD21 can't tell her father to go eff himself without me putting her in her place. Sorry, we don't speak that way in my home. She had to get out. Now BM is fuming because she's got to put up with the attitudes she instilled in her children.