Child Support Insanity

[paradisewasted99]

I have to go for a final hearing on the 25th of next month. First off some information on my case. I make $4,200.00 per month and I was ordered to pay $910.00 per month for 2 kids when the Judge factored in $0.00 income for my soon to be ex wife. We went to mediation and she had claimed she was working and that the kids need to be in daycare and that it will cost her $1,300.00 per month and she said her gross income is $1,267.00 per month and they wanted my child support to go up to $1,400.00 something dollars per month bc of her new income and the daycare. Can she really just put them in this ridiculously priced daycare that cost more than her gross income just to < edited > me over in court?? Why should I have to pay such an increase when she is now making money?? Also I just found out the kids havent been in daycare and that her mother just put them in daycare this week. Im sure to get receipts to provide in court. They are doing all they can to screw me over. Her FD was all lies. She lives with her mom and claimed she pays $750.00 per month in rent. $500.00 a month for electric and $267 per month for one cell phone. The list goes on and on. Any advice on what to do and jesus is this even possible. Additional info I pay $127.00 per month for kids insurance and I have a daughter on the way. This divorce has been in the works for 2 years,


Michael

[defaultuser]

Here are some things that I think can clarify the situation.

1. Only her income should matter when calculating CS. The Bogus financial stuff really doesn't matter.

2. You might be able to argue that her living with her mother is a form of income, but you may not get much traction there, and it depends on what state you are in. Its called 'in kind income'

3. I believe that most state laws say something about the child care costs being normal for the area. Basically, if a typical child care costs $800 a month for where you live and she finds one that charges $1500 a month, you should be assessed for the $800 in the CS worksheet.

4. You can have her income imputed if you can demonstrate that she could make more. Full time minimum wage is an easy way to impute the income. More if she has training or has had work for more money.

5. You will lose big time if you don't go into court and provide evidence to back up your claims. Things like child care costs for reasonably priced day care in your area, a record of her employment history showing she can make more than she claims now, etc.

6. As far as the child care goes, you should ask that you each pay your portion to the provider directly. This will keep the money out of her hands. If you have to pay her directly, they will be in child care for about five minutes after you are ordered to pay her the higher amount and she'll take them out, but you will continue to have to pay her.

7. This is a good example of why fighting for custody makes financial sense as well as being good for the kids. If you were involved in selecting the child care provider, or had primary custody, you wouldn't be getting the shaft.

[dadmisseskids]

Adding to DU's comments:

she pays $750.00 per month in rent. $500.00 a month for electric

Any time your electric bill is 67% of your mortgage or rent, there is a serious problem. Is where she lives a legal apartment in her mother's house? If not, the total electric bill should be split. My electric bill for my apartment with my two kids is about $50 a month. I know a house is higher but $500 seems ridiculous.

$267 per month for one cell phone.

Tell her to get one of those unlimited plans for $55 a month.

I was ordered to pay $910.00 per month for 2 kids when the Judge factored in $0.00 income for my soon to be ex wife......it will cost her $1,300.00 per month and she said her gross income is $1,267.00 per month and they wanted my child support to go up to $1,400.00

On one hand I'd tell her to be a SAHM because it's cheaper. On the other hand, that's exactly what she may want you to say, which makes your job harder if you're looking for primary custody. If she has a degree or has made good money in the past, I'd ask the court to impute her income.

[Fatheroffour]

and I have a daughter on the way.

And slow down. Creating a new mess before you get out of the last one will only compound your problems.

[Trevor]

$500.00 a month for electric and $267 per month for one cell phone.

Apartment marijuana farmer/retailer?