HomeChild SupportWhat would you do re: child support?
Posted in Child Support on 15th June 2012

What would you do re: child support?
A little background: I’ve been married 9 years, have a 10 year old stepchild (SC). My husband has never missed a child support payment or a single minute of visitation. When my SC was 2 we launched a 4 year custody battle in an attempt to get full custody b/c of emotional issues, no stability, etc. The judge finally ruled that my SC had a roof over their head and food to eat and he couldn’t remove SC from their mother.
Fast-forward 4 years and I’ve been going to school full time, working full time, putting our kids together and SC through hell to get my degree which I’m slated to graduate in a year. SC’s mom said, “I’m excited for you to graduate so I can go back and get more child support” b/c my income will be significantly higher when I graduate.
Now, I did not make all these sacrifices to pay her more child support. If she was a good mother who honestly cared about SC, maybe. But that’s not the case.
If this was you, in my situation, what would you do? I talked with my husband and said that if she takes us back to court on the assumption that she’ll get more child support b/c I make more money (I’ll be making more than my husband), I will divorce him and we’ll just live together (seperate according to the courts – diff address, bank accounts, etc) until my SC is 18.
Does that make sense to you? Is it worth all that hassle to ensure that I’m not rewarding her with more child support after the horror she’s put my SC through? Should I divorce him (still be together, just not legally married) or just suck it up and pay more child support?
Yes, it’s for my stepchild. I have two kids with my husband also but they’re not the issue.
The reason I’m concerned is before we got married and were just living together, the judge took my income (as his “roommate”) into consiteration, saying that I contributed to the household, therefor freeing up more money for child support. That’s where my concern comes from – I will refuse to provide information but it’s clear as day in our taxes.

Best answer(s):

Answer by Justice For All
Tell the witch that if you have to pay child support (which you do not), you will be seeking sole custody of the child since the mother isn’t a good role model. I bet the mother never though that through and she needs to. But you needn’t worry, you didn’t make the child and you are not legally responsible to care for the child financially or in any other way either. Regarding divorce, only if you have to and not before, but I don’t think it will be necessary!

Answer by blast
maybe u better consult a lawyer. normally they take only father’s income into consideration and actually it is kinda hard to get child support increase. i know i am a divorced mother of 3. so maybe it is the time to consult a lawyer. one consultation doesn’t cost much. u can even do it on the phone

Answer by von L
Even if you get a divorce and live together you are still gonna have to claim their income as household income.

You will just have to suck it up and pay the child support. I know it sucks but it will happen eventually. You gotta just put it in your mind that the money is for the child not for your ex.

You can request that the courts make them get a job also but whether it works or not is anyones guess.

Answer by letterstoheather
I’m pretty confused about this question. Is the child YOUR biological child or your husbands? From what you say in the first paragraph the child is your STEP SON.

When child support is calculated, it is calculated based upon the incomes of the BIOLOGICAL parents, and step-parents’ incomes are never taken into consideration. You could be making 10 million dollars a year, and still, your income would not be taken into consideration. You are never responsible for the financial care of someone else’s child.

If you are confused about this, consult your attorney. He will explain it again.

Answer by BitterSweet
She is a horrible person, I believe that even as horrible as it sounds.. it may be a good idea to divorce so that bit.ch doesn’t get any more money, she shouldn’t even have a child. Don’t let her get away with this.
I want to say, that you are a remarkable person, keep it up, and don’t let the witch have her way!

Blessings to you and your family!

Answer by Their mommy!
They WILL NOT take your income into consideration, don’t worry.

Did the judge actually take your income into consideration as far a inputting it into the basic calculation? A judge cannot just “decide” how much the amount will be, they have to follow state rules. Which state do you live in?

The judge may have asked to know your income, but that’s different then actually inputting yours as the “father’s” income. The reason why judge’s want to know all household member’s income is if your husband went to court and stated that he needed a deviation from the basic calculation because he couldn’t afford it – the judge would then tell him that he also has your contributing income of ___ and that he can. That does NOT mean he entered your income amount as your husband’s. Check his child support papers.

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