CS modification after birth of new child??
DH and I are waiting for the arrival of our DD any day now... I was wondering if after she is born if we can get CS modified because of the new addition to our family and home?? She currently gets a little over 1/2 of his BAH (Basic Housing Allowance) and we live off of his paycheck only because I was a full-time student and too far along in my pregnancy to find a job over the summer... and I had his kids for almost 2 months and it was cheaper for me to care for them than to get daycare for them... So basically BM is getting $550 a month for 2 kids...
Also, we had them for almost 2 months during the summer. In the past BM has had us keep CS while Skids are with us to use the money for them (as it is intended). This past visitation she wanted us to continue to pay CS while supporting the 2 kids on the money that just DH and I usually survive on. She stated to me that she is entitled to continue to receive CS payments regardless of where the kids are or how long they are there. Not sure what the laws on all of this are because we are very new to this whole deal.
Now BM is a def GU so I know if we try to get CS lowered (can we?? I have no idea) then its gonna be a battle from hell... Does anyone know?? Would/Could it be worth it or would it be best to just let it lie?? I dont want my DD to go without just because she wants more money for herself but I wonder if it will be worth it in the end. Any advice?? Please help me out!!!!
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Yes, I agree with
Yes, I agree with SMoknowitall, research your State law. However, in terms of reduction to CS due to having a new family addition, CS courts are not concerned about that. If there was a reduction in salary, some sort of change in income then I trust that would justify a request for a CS modification. I wish you the best & congrats to becoming a mother. The great news is, you'll have your college education to rely on when you're ready to join or return to the workforce. Best Wishes!
Ahhh, let me tell you a
Ahhh, let me tell you a story.
Way back when, in 2002, DH was part of 75th Ranger Regiment, in Savannah, Georgia. DH deployed to Afghanistan, with very little notice. As Regiment did in those days, the spouses didn't know where their soldiers were, nor how long they would be gone. When the unit decided to come home, the leadership gave everybody a treat. They let the guys surprise their wives by holding a video teleconference telling they, "Hey honey, I'm coming home!" When it was DH's turn, BM blurted out, "I've moved my boyfriend in, and I want a divorce!" After DH stumbled away, heartbroken, his battalion CO was the first to say, "SSG, are you okay?" Five years later, soon after he and I married, I happened to run into that CO. He REMEMBERED DH and BM. (the CO is now a 2-star general)
During the divorce, the judge in Louisiana calculated CS. They took all of his deployment pays (hazardous duty, imminent fire, family separation) and his special duty pay (for being in Regiment) into account. DH ended up paying ALL of his BAH for one child, and BM wanted more! Her reasoning was that he was getting promoted. Thing was, he was moving to Ft Bragg, losing his special duty pay AND his BAH was going down. DH also ended up declaring bankruptcy due to the CS and the credit card bills that BM ran up and left him with.
DH also covered ALL transportation for visitation, and has SD on his medical/dental/vision insurance - so he was paying over 25% of his pre-tax pay for one child.
The happy ending to the story is, BM is dumb. She thinks DH is a loser, and that he hasn't gotten another promotion since the one that was pending in 2002. Between raises and his actual promotions, DH's income has doubled, and BM hasn't gone back for more since. When I met him, he was upside-down on an econobox car, living in a cheap apartment. Now we own a nice home and he drives a 2011 Jeep.
I know I didn't help much - I wanted to tell the story. Here's what I think for you - let it go. I know it's tough, but between promotions, annual raises, and time-in-service raises, he'll get paid more as time goes on. If BM decided to take him back for more, insist on reassessing from scratch, including your DD, and taking into account his transportation and insurance costs.
Each state is different. In
Each state is different. In TX, cs does get lowered a percentage for each kid born later. As far as paying cs when you have the kids for a month (or 2)... What happens is hey figure out what the cs should be hen divide by 12 mths in a year. You could try to get it where you don't pay cs the month you have the kids, but thTat would make your cs amount higher because the amount would be divided by 11 instead of 12. So it probably isn't even worth it.
Even if it gets lowered for a
Even if it gets lowered for a later born child, the reduction is hardly anything...and most states have a 20% or 100USD a month or similar to make a change...which of course, the reduction they give you for a new child is nowhere near what that is...sigh...Count your blessings and put money away NOW...don't let her or the kids know of ANY new jobs, promotions, NOTHING...she will come after more...and more than likely, GET IT!