Can I claim ex's boyfriends income

[Fatheroffour]

Here is one courts opinion

Likewise, we find that the court erred in excluding the totality of the appellant's babysitting expenses. Again, it takes no citation or extended explanation to support a conclusion that the parties' seven year old child requires adult supervision before and after school, while appellant is employed. Similarly, babysitting care is a reasonable expense incurred when appellant occasionally devotes an evening to her own social life outside the home. (See N.T. 11/26/86 at 30-33). Even appellee concedes that babysitting is a reasonable expense of child-rearing, although he questions the exact amounts incurred herein. (See N.T. 11/26/86 at 47). The trial court, nonetheless, excluded all babysitting expenses from its calculation of appellee's support obligation. Absent proof that appellant's absences from the home are unreasonably frequent, or the costs of securing competent child care are exorbitant compared with other child care services available in the area, we find the court's failure to include a reasonable amount for babysitting expenses constituted an abuse of discretion.

It looks to me that as long as the baby sitting isn't too frenquent or cost to much the court isn't interested in delving into the minutia of where the money goes.

[jumbledone]

Atty consult. Getting to splicing hairs here.

[Fatheroffour]

What is your goal?

To get out of paying for childcare?
To have a say in who provides the care?

Because the end result could very well be that she ends up going to a local top of the line licensed care provider and you end up paying more.

[coscrewed]

I really want to understand your situation, OP.

You married a woman, had a child, then divorced.

You pay child support for *your* child.

Now, you ex pops a kid by another guy, after you were divorced, and YOU have to pay child support for THAT kid, too? Are you kidding me?

What if you hadn't have a child with her? Could she file for child support from you? What if she marries the guy? Do you still pay child support?

Nuts.

I am trying to reconcile this with the rules in some other states that you are liable for back child support back to birth for a child even if you didn't know they were born. So, your ex has a kid that you don't even know about, and later they can get CS?

[Anything4Her]

If you have full medical coverage for your child, I would not pay anything further than YOUR insurance costs. Because she needs a separate policy for her other kid is not your problem.

[Fatheroffour]

You say that you pay for all child care when the child is in your care. Why are you paying child care for when she is in mom's care? Are you paying just a portion or all of it? Is she paying a portion of the child care on your weeks? What do your orders specifically say about paying for childcare?

[Fatheroffour]

Let us know exactly what your orders say so we can help with a strategy.

[coscrewed]

Coscrewed

Yes I was married got divorced and paid child support, 2 years ago my ex reported me to DA as not paying any child support so they put a garnishment against my salary, she did this in order to get it on her record and qualify for a mortgage, it took me about 5 minutes to prove to DA I had been paying and also that she had been making me pay too much based on several lies of what she claimed she was paying, they reduced my support but didnt nothing about the lies and over payments, Oregon DA favour women big time.

In last 2 years I have got a new job and expect to pay more for my child and have no problem with it even though I have 50-50 custody and pay for all sports, clothes etc

However the way it works in Oregon is my ex now has a new baby with her live in boyfrined, she can claim full responsibility for this child and the DA order me pay a higher portion of my daughetrs support, they argue I am paying for my daughter but since it is due to birth of the new kid, its really legal BS.

now my ex now needs daycare and medical for new kid and claims she is paying it for my daughter she can again reduce her commitment and increase mine.

Basically to ex my daughter is a source of income from every angle and I get to pay for everything, whiel her loser boyfriend sits there smiling and working a few hours a week with no responsibility to his own kid.

As you may realise this < edited > me off, bad laws being badly impleneted may be legal but it is morally and ethically wrong.

As to your position, if they can order you to pay back support for a child you were unaware of do you get back < parenting time > rights? ie if your child is 4 do you get the next four years to bond with him/her?

OK, I understand now. Because your ex popped a kid with her boyfriend, she can now claim she has a higher need for child support from you. That sucks. You are not strictly being ordered to pay CS for the other child, but the net effect is exactly the same.

I wonder if Oregon is one of the states that routinely orders back child support back to birth? If so, we can all see the game she is playing. She is not going to ask for CS from the deadbeat BF, because she can get more from you at this time. Then, five or ten or fifteen later, after the CS for your child ends, (in some states), she can go after HIM for back child support, PLUS 12% interest. She can then collect for the rest of her life, because the arrears will be huge, and will continue to accrue interest until the arrears are paid off.

I have a friend whose husband is going through this right now. He has a 20 year old he never paid child support for, and the CS arrears amount is now close to $200K. He is on the hook to pay it off with 12% interest accruing every year. They are basically paying just the interest, because that is all they can afford, so the CS arrears will *never* be paid. They will be paying almost $2K per month for the rest of his life. Their story is one of the most ridiculous examples of unintended consequences of CS laws I've ever seen, but that is another thread.

[Fatheroffour]

Well, poorly worded to start with since it puts her in the drivers seat but the implication is that she is also responsible for half of daycare. So, the question is why are you paying for 75% when you are only responsible for half? Stop.

[grgr]

"1/2 of all daycare bills"

"licensed daycare provider"