Ex owes me money from the divorce

[straightlinespeed]

Good to know! My other question is I though, if I make more finacialy than her that I wouldnt qualify for it anyways. I dont want her to think this is taking place of the money she owes me. I myself dont believe that CS should be used for that just strictly for the child. Right now we both pay equal shares towards her medical, clothing, girl scouts and other activities. If I go for CS then I would be required to pay for 100% of all that correct?

This just seems to complicate things even more than what it is.

[defaultuser]

First steps is to use an online cs calculator for your state. Once you know how much money she would owe you it will help in your decisions.

The money she owes you could likely be Added to the cs payments until she's payed up. Something like she may have to pay you 135% of her cs obligation until she pays her debt.

[straightlinespeed]

First steps is to use an online cs calculator for your state. Once you know how much money she would owe you it will help in your decisions.

The money she owes you could likely be Added to the cs payments until she's payed up. Something like she may have to pay you 135% of her cs obligation until she pays her debt.

Thank you! Sorry for all the dumb questions, I just really dont have a clue how this all works

[Trevor]

1. You don't "qualify" for CS. The kids do. Their existence carries with it two financial obligations, until they are adults: one of the mother, and one of the father. These obligations may not be equal, but they exist nonetheless. If the parents make similar salaries and have equivalent time share, then it might happen the CS is adjudicated at zero. Otherwise, one must pay the other, and should be expected to live up to that obligation of producing children.

2. You cannot control (perhaps not even predict) what your X is gonna think, so quit wasting your time worrying about it.

3. Personally I would file for CS and file a motion for contempt about the other money too. If found in contempt, you may or may not choose to press it, but you never know the future where you may need to leverage it. Do not leave that card on the table unplayed. It's not about vindictiveness, it's strategery.

4. Your state statutes will likely delineate what constitutes CS. Often, it means room and board, clothing and necessities for school and general health and well-being. There is no reason the medical, girl scouts, and other things would change...these are often boilerplate split expenses. Clothing is dodgy sometimes where parents act like idiots and keep clothes at their home that were bought for the child by the other parent, but typically the CS would include clothing.

5. Your child deserves the money, and if you do not need it for monthly expenses, your child deserves for you to oversee its proper investment into an account for college. Quit awfulizing about how complicated this seems to be (read: in your imagination) and start thinking this issue is child-centric. Again, you may lose your job next year and without the means to hire a lawyer to resolve this issue. Fix it now, for the child.

6. Your X has an obligation; it's about time she acts like an adult and shoulders it...equally, it's time you quit propping up someone to whom you're no longer married, at the expense of your kids.

[straightlinespeed]

To hit on Trevors statement.

The hard part is that my ex pays almost her fair share of my daughters expenses. There are things that she has not payed me for but not a major concern to worry about. Our schedule is every other weekend and 2 days a week. I always have her every Sunday night. We have been doing this schedule for about 2 years now. The way our decree reads is every other weekend Sundays evenings returning to me. and various nights a week for dinner or overnights. It was written that way because that was the way it was while we were separated. My daughters Primary residence is my house and she will attend the school district I reside in.

So honestly filing for CS when we both pay a almost equal share and house her and feed her about the same seems kinda wrong to me. That is pretty much the reason I have not filed.

[Fatheroffour]

Personally, I see your point and agree with you on the fairness part.

HOWEVER, you have a hammer to beat some civility into her if you wish to use it. If you choose not to use it......well, that's on you.
Enjoy your fairness while she is a bltch at every opportunity.

[straightlinespeed]

UPDATE:

Well I picked up all the paper work to start the child support and spoke with a child support agent. After talking to that agent and explaining our parenting time as well as our pay (for our jobs). It isnt worth the whole $23 bucks a month she would be required to pay me. So Im back to square one for the money she owes me. Im tired of paying my lawyer so Im trying to find out as much as I can before I have to actually use him. Im just frustrated. I shouldnt have been so nice when this all started. Anyways, I want to thank you guys for your input and I will figure this out one way or the other.

[kmich91262]

Just remember the CS isn't for you but for the kid/s. If after the dust settles on this court process I'm going thru now and if I end up being the CP as planned, I want to hold NJ's feet to the fire. I don't need the money but will be nice when the CS is received to put it in an account to be used towards S8 when he turns 18. Just food for thought.

[BubbaGumpShrimp]

You can let the bltch run wild or you can put a choke chain on her. Your choice.

Keep it as it is and she'll build her case and have you paying every penny of support she can squeeze out of you after she uses your timidity against you.

Yup. Speaking from personal experience, it does not pay to try and be a "good guy."

Go after what CS you're do. She's going to have a hard time finding a leg to stand on if she takes you to court when she's delinquent in CS payments herself.

[straightlinespeed]

Im meeting again with another child support agent either tomorrow or early next week. This is what I have found out and this is why im more than likely not going for CS.

We share a 60/40 to a 55/45 (all how the courts determine it) I having more of the custody. I know I make more money than she does. With that sort of < parenting time > arrangement I will either get $23 or end up paying her money. The $23 is not worth the head aches that will ensue if I push for that. Hence why I have not filed. The reason Im meeting with a different agent is just to verify what one (from another county) and my lawyer have already confirmed.