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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Unemployment Insurance and Employment Discussion

My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby Conn » Fri Nov 21, 2014 8:43 pm

This is in New York state, My Fiance already has to children, 8 and 15, and the Ex agreed out of child support for us to pay each child 25 a week.
She is now taking him back to court saying he owes over 10,000 dollars in child support to her, Our stepson said he would testify to saying that she agreed to the 25 bucks weekly for each child.
He is below poverty guidelines for 2012, and he barely made it before i had my daughter but is going to struggle even more now.
We have his kids over 65% if not more in a month, We support them with everything, Clothes, school supplies, food, shelter and whatever need necessary. How can we prove to the courts that we shouldn't have to pay that much to her, when she works but under the table and lies About her income and has PA (public assistance).
Conn
 
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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby MacBean » Fri Nov 21, 2014 9:07 pm

Honey do not worry about it. she can not make him pay the $10,000 in child support if it was not court order. and when it is court ordered it will be based off of BOTH parents income. If she has no job than it will based off of minimum wage.


Do you have recites of the cloths that you buy for the kids. if not you need to start keeping them so that you can prove that you pay for such things.


If he has them 65% of the time than she might just have to pay him for child support. Keep track of every day you have the kids so when you do go to court all that time get taken into consideration as well.


Also if he or you for that matter pay for insurance for the kids than that too will be taken into consideration.


you really can not do anything about her getting paid under the table and lying about it. Unless you can get a signed statement from the person that pays her under the table. but i dough that will happen.


You child will also be taken in to consideration as well.

if your stepson is the 15 year old their is a chance that the judge will hear him out, but then there is a chance he could not want to get him involved. If he is the 8 year old you might as well could that out because a judge will not listen to a child under 12.

Take a deep breath! it will all work out in the end. just make sure that you document everything! write it in a note book! whatever you bought for the kids. what they wore when you picked them up what they were wearing when you drooped them off. Any threats she makes. and anything else you can think of. And next time you have an agreement get it in writing. all you have to do is write it out and have her sign it.

>>>@ katsura3... The courts don't care what she makes....Ummm yes they do!

My husband has a son with his ex wife and they put her down for minimum wage! when she took my husband back to court for more money a year latter they asked her why she did not have a job yet!

if the mother was a millionaire and he was unemployed he would owe nothing!!! child support is based off of what both of the parents make! if the mother has custody of the children and make a large amount more than the father than she gets no child support! if the father makes a large amount more than the mother and he does not have custody than it is reflected in his child support!......

I can see you really have NO experience in this subject

>>I would keep track so they can look in to it. if it $100 for each child that is well more than what they need! you might just need to talk to a lawyer. they would really give the best advice on this topic.


Good luck!
MacBean
 
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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby jager » Fri Nov 21, 2014 10:40 pm

If the court order was for $70 a week (per child?) then arrears can be assessed on that.
If your fiance has written proof, preferably notarized, the court may choose to take that into consideration.
While they may listen to what your fiance's son has to say, it is still considered hear say unless there is proof.

Your fiance needs to keep track of the time he has the children and the money he spends on clothing and school supplies.
Be forewarned that the ex may keeping track of what she spends as well.
When keeping track of the time you spend with them, you need to take into consideration the number of days they are sleeping at your home.
If they are over at your house for four hours after school, but then head home for bed, you cannot count that as a full day.

It is nice that your husband has been giving the children $25 a week spending money, but usually is not a factor in determining support.
If the money is given to the children to go towards lunch money or other necessities, that might make a difference.
Handing a child pocket money is not really considered support.

It is a sorry situation that he is barely making enough to get by, but the fact that you now have a child together generally does not make a difference when child support is figured.
As far as the courts are concerned, his first responsibility is to his first family.
It will leave your child with less, it's just a fact.

Unless you can prove that his wife works under the table, don't count on the courts taking that into account.
I have a friend whose husband received more than half his income in bonuses.
After his separation and prior to their divorce, the employer agreed to pay the bonuses under the table, which cut the amount of support she could receive by far more than half.
Six years later and there is still nothing she can do about it.
jager
 
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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby Duayne » Sat Nov 22, 2014 2:57 pm

$25 a week for each child is nothing!! What does he think that money pays for?? if he is so poor you shouldn't have had a baby together!! His ex is right he owes his children money! $25 would barely cover their food for 2 days!!!

I'm sorry if you think I'm being rude, I was just surprised that the children live with her, she washes their clothes (I presume) heats their home, etc etc so $25 isn;t going to cover very much of the bills and food 2 children of those ages require.


If you are paying out as much as you say you are and you are being faced with court then you need to gather receipts of things you have brought and note down when and how long the children are over, have bank statements to show what you pay on the children and proof of the agreement they had for $25 a week for each child, if he never wrote anything down and if she has never signed an agreement with him she may well be able to sue for more money.
Duayne
 
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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby Cullo » Sat Nov 22, 2014 3:29 pm

If he didn't get it in writing, then he might be out of luck.


The courts don't care what she makes.
It doesn't matter what she makes.
The kids need things whether she's working or not, and he is reponsible for 1/2 of it, regardless of what she makes.
She could be a millionaire and he could be unemployed and in debt and still owe money for child support.
He is responsible for 1/2, whether he can afford it or not.
There are some states that don't care how many subsequent kids he has, the FIRST family comes FIRST and gets the most.


The only way to get out of paying child support is to file for physical custody.
If they live with you and him, then SHE will have to pay child support.
Good luck with that.
Cullo
 
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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby Denzil » Sat Nov 22, 2014 5:58 pm

Uh, if you have them 65% of the time, SHE owes HIM child support.

***********

I see I have 4 idiots following me around. How could he possibly owe the mother money if they are primarily in his custody? She owes him for supporting the children. She doesn't get a free pay check for having a vagina.
Denzil
 
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My Fiance Is Being Taken Into Child Support For His 2 Kids, We Had A Baby In March?

Postby MacKinnon » Mon Nov 24, 2014 6:37 pm

The fact that you gave it to the kids instead of her turned it into allowance. Allowance and support are very different. Unless the kids are paying the rent and utilities, it's not to be in their hands.

If you have the children 65% of the time and can prove it, you shouldn't be paying her anything.

If you had a court order, but gave the money outside of a court order and never reestablished custody since you have them more time, everything you gave was considered a gift (or allowance since it was given to the kids, not her) and the time you actually have them doesn't count. Courts are there to define the lines, set boundaries, and make the rules. Go on your own at your own risk.
MacKinnon
 
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