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Why is it ONLY our responsibility?!?!?

lieutenant_dad's picture

This is a total rant that got me going off of 1dad's previous blog about having to prove herself worthy of making more than minimum wage.

DH has been busting his arse at work. He is a director of IT infrastructure, and he and his team have been working 50+ hour weeks since March trying to get everyone working from home (successfully), fixing all these new issues with pushing THOUSANDS of people to WFH (mostly successful), and getting new hires up and running, to the tune of hundreds a month (shaky because of shortages on personal work equipment because everyone went WFH). ANYWAY, his efforts haven't gone unnoticed and he got a promotion and raise. Awesome!

Well, awesome until you start looking at CS and seeing that his CS SHOULD have dropped because OSS went off to college and should have adjusted downward. However, because of his raise, he'll end up paying the same if he tries to file for a reduction and they do a review because - SURPRISE SURPRISE - Eternal Teenager is just as lazy now as she always has been. 

CS is calculated here using both parents' income. If ET were actually making what she COULD be making, given that she is certified in a trade, CS would drop $300/mo. BUT, ET doesn't make that, and managed to get her income imputed at the time of their divorce at part-time minimum wage (the lowest it can be imputed at). DH, though? Who, based on court records that were wrong, was unemployed at the time? Full-time minimum wage. AND HE DIDN'T HAVE A TRADE! So, his and mine confidence that she'd be imputed at anything higher than that now is low. Even if she were imputed to what she actually makes, it might not change the calculation enough for a judge to sign off on the reduction.

AND THEN, in some dumba$$ jurisdictions, SPs are held to higher standards than the PARENTS are, either by having their income combined with the parent OR having their work undervalued so that it appears that the parent makes/does more. I don't actually know what is more offensive, but either way, it STEALS OUR MONEY AND GIVES IT TO ANOTHER HOUSEHOLD. Nope, nope, NOPE! Eff that! I'd rather get divorced!

I'm just grumped that no one with any authority has ever looked at her and said "get your own GD job and actually KEEP IT." Instead, every raise and advancement that DH rightfully earns becomes more money for HER pocket. She benefits off DH, but he doesn't get sh*t from her, and that just seems to be okay.

I know there isn't much that can be done about all of this until judges stop supporting this idiocy. DH kinda hates his job, but now he knows he's in a pickle because his CS is likely never to be lowered because he has "locked" himself into this pay bracket. So, he just keep going and working himself to the bone while ET gets to quit when she's tired and experience ZERO consequence minus the ones she brings on herself.

UGH!

Comments

ESMOD's picture

It would be awfully nice if the courts could set some expectation (like they are starting to do more re alimony) that both parents will be gainfully employed as time goes on.  Sure.. when you might have young kids, it might be more difficult as a primary single parent to work a demanding full time job (not that it can't be done.. but it is harder without child care support etc).

However, as the kids get older.. certainly in High School and beyond.. the excuse that the custodial parent can only muster a part time job at minimum wage? I call BS on THAT!  They may not have worked full time while married.. and it might be tough to ramp up to that immediately.. but certainly within several years and/or the kids being in HS they should be expected to be employed.. and if they are trained in a trade they should at least be imputed at the base salary for that field.. not the fry cook part time rate.  So.. for a few years we will bust one parent open..give the other parent time to sharpen skills.. or learn a trade.. let the kids get to the point that they don't need a parent there all the time.. then your CS will start assuming that you could be earning to a higher level.. even if you are choosing not to because you are lazy... or married another sucker willing to pull up your slack.

Rumplestiltskin's picture

I agree. The system is outdated and now serves the laziest or most conniving and shady among us. I always worked and earned to the best of my ability. I got awarded no CS. SO's BM2 never worked when they were married. Awarded max CS. Now she works off the books for cash. Hasn't been caught because it's for businesses of family and friends. God knows how she hides her money, but wjen she was married to SO she had hoarded $90k in various accounts by the time they split. Doesn't keep her own kids but will take them now and then but always drop them off with her mother. Mom's address is her "government" address, and legally she is single, so, on paper they do stay with her some. In reality she lives with her "husband" (they tell everyone they are married), a guy who makes good money and pays for everything. Drives a $75k car. Carries $2000 purses. Collects government benefits. There are some real pieces of sh!t out there and the system backs them up at the expense of hardworking people.

StepUltimate's picture

It's like you're describing the grifter/manipulator/con-artist BM of my SSnow20. It's insane how these shameless snakes parasitically attach to the government host (and various private citizen victims).. Infuriating at how money is sucked out of hardworking, honest people's checks AND the theft of resources meant for those in real need. 

NoWireCoatHangarsEVER's picture

But for North Korea both kids did age out and child support ended.  And she never paid into social security. She and her husband both lie and say they make no money.  They are both getting older now and have zero retirement! I mean zero.  And they don't get money from social security either.  So maybe the laziness will catch up with her in  the retirement years.

ndc's picture

How long before YSS ages out for CS? I'd say that would be a happy day,  but ET will probably guilt OSS into supporting her. I hope your DH prepares him to say no.  Or maybe she'll find a sugar daddy. . . 

lieutenant_dad's picture

YSS ages out when he graduates HS, which should be in roughly four years, because they don't have it written in their divorce decree to continue into college. DH is going to take the CS and throw it into his retirement when that happens to catch up.

ET got remarried about a year ago. Her new DH apparently said he didn't want her to work, but he can't seem to keep his new family afloat, so that's out the window. At least he works, which is an improvement over the last one.

DH has been telling OSS that he can help his mother move a couch, but not with money. I don't think OSS will help her in any significant capacity. In fact, he just recently told me that he wants to start staying with us on his breaks from school (we'll see if that actually happens) since he has an actual room with us (which I'm fine with). YSS is an entirely different story, and I have fears he'll turn out like BM as far as keeping a job.

justmakingthebest's picture

I feel this SOOOO hard. DH is military. He get's a housing allowance based on locality. It's so that he can afford to have a home in the area we are stationed in. Right now he get's about $2100/month. Cool, that is great. If we wind up with orders next year to say SanDiego it would go up to about $3200. 

Why on earth would BM be entitled to more money just because the housing costs us more? She is still living in a podunk no stoplight town where you can buy a home for 40K. The kid doesn't magically cost more. Nothing else has changed but she sure as hell will demand more. On the flip side if we wind up at some other bases we could lose a few hundred dollars but we of course wouldn't get credit for the loss of income because that would be imputed against him that he made a certain amount before! 

Right now we tell SS everything fun that we do is paid by me. That isn't true but if that money hungry bit** even smells that DH has something she will go after it! SP's income isn't counted in our states.

advice.only2's picture

Yeah it blows, and I have seen an actual court document where the judge stated "The CS will be 1000.00 for the child seeing as the father's income can be offset by his spouse who works full time."

CLove's picture

Im mad for all of our DH's.

Isnt it about time for the fairness pendulem to swing, yet?

Someone in another group said that with 50/50, child support somehow seems like alimony.

Toxic Troll is pretty much taking the $$$ for her own benefit, we know this.

I just wish that judges and the system were fair. Updated. 

HowLongIsForever's picture

SO has been pushing off his promotion track because he doesn't want to be stuck at that level forever.  I don't blame him. 

BM has a masters (that he paid for) and works in a specialized field where they are almost always immune to economic downturns.  BM was never supported in her quest to be a SAHM despite all of her efforts.  SO put his foot down on that.  He was the one to disproportionately stay home with the kids (even to this day) for sick days, school closures, etc.  So BM hasn't experienced any employment gaps due to her sacred mother status.

Right now during the pandemic our state is basically on a work from home if its feasible order.  All three of us adults (BM, SO, myself) are not only capable but employer forced to work from home - the buildings are closed.  BM has taken it upon herself to voluntarily reduce her hours because she can't possibly work and be up skids butts at the same time.

She argued with SO that remote schooling should be 100% at her house so she can stay home and take advantage of certain unemployment benefits.  She did a bang up job at the end of last school year so that was a big fat no from SO.

Since that didn't work, she decided she would claim said benefits anyway and declare it is because she cannot work due to child care being unavailable.  She has the kids 2 days a week plus every other weekend.  The kids were in outdoor camps all summer (1% case rate in the area) on her days and she has them in sports on her nights right now.  She also whined to SO that she might not have a job by the end of the year.  

I am dreading her inevitable unemployed status for 2021 and the battle that will ensue.  I mean, voluntarily reducing your hours and basically forcing your employer to pass your work to other employees just shows your employer that they don't need you.  Why would they keep paying you?

The CS battle that will ensue should be quite spectacular.  BM was not shy about her distaste for 50/50 being entirely due to the "loss" of money.  The court allowed her to negotiate time with kids for money.  WTF.  But I only have one income.  Good for you.  I don't have ANY dependents.  Ugh.

SO followed up her ridiculous phone call with a message in OFW re: school 100% at her house isn't necessary but also not a viable option if she thinks her voluntarily reduced hours are going to impact her ability to keep her job.  Despite all of the obvious, I have no doubt that when BM loses her job and she goes after SO to pay her for it the courts will overlook her stupidity.  

Its super messed up that a woman pulling in 6 figures between her salary and CS will not be held responsible for her share (state calculator says 40%) of financial obligations for her own damn kids.  If she ever made an effort maybe I'd feel differently.  I just don't see that changing for either of us.

lieutenant_dad's picture

This sounds similar to what my realtor went through. He and his wife divorced after he caught her cheating with the neighbor who would babysit their kids in the home he renovated and she said in therapy that she didn't want to make the marriage work. She then went through a year-long calendar and marked which days that she would have the kids and made sure to give my realtor only about 30-40% custody.

Mind you, my realtor was a coach for each kid's team. He was going to see his kids over 50% of the time anyway just from sports. He readjusted the calendar to give himself 50% custody time, and she FREAKED OUT.

Why?

Because she needed CS. Well, she didn't "need". She voluntarily worked part-time, but made full-time pay because works in a very specialized and lucrative field. Her boss offered her full-time when the divorce process started. She said no. All the kids were in school full-time at this point.

The kicker to all this? Realtor was working full-time in another job (which is how I met him - he was a coworker) and did part-time real estate. And coached. And wanted 50/50 custody because he was already going to see the kids 50%+ of the time after school anyway.

He got 49%, so he owed her a $400/mo in CS because they calculated it based on what he COULD earn as a realtor and from his day job AND only on her working part-time. So, basically, calculated with money he wasn't guaranteed to earn and not on money that his XW could be guaranteed to earn if she took up her boss' offer to go full-time.

It's flucking nuts. At least he's remarried now and he and the new wife seem to do very well for themselves. Last I heard about the XW, the neighbor and his wife stayed married AND stayed living next door, so XW lost her BF and her free babysitter. Womp womp.

halo1998's picture

once.  I demanded if they were going after my money then I would be seeking my own counsel and a foresic accountant to find her parents money (whom she was living with) and use that to offset as well. 

I have told DH repeatedly...the minute my income becomes part of the CS equation is the minute I file for divorce from him and he will need to find other housing arrangements. NO way will that orange teetthed overgrown rodent get any part of the money I worked long and hard to secure.  Just because she lifted her beaver tail and Dh went there is NOT my problem and not my responsibility.

 

HowLongIsForever's picture

BM here likes to suggest my income is in play and so fair game all the damn time.  She's very contradictory, though.  When I spend money she thinks I'm spending SOs money, as if I'm not a self made self sufficient grown ass adult.  When she wants more money, though, it should be okay because I have my own money.  She's an idiot.

Its also why we aren't married.  And why our assets are handled the way they are.  

We're in a state where a steps income can't be directly considered.  Having said that, though, the courts do have the flexibility to suggest there is more income available for CS based on the total household income.  If you were to combine our incomes this household would be well beyond the guidelines for upwards deviation from the calculator.

Totally not a chance I'm willing to take.  I support those not my kids when they're in my house 183 days a year.  I'm not about to support them, I mean her, the other 182.  I didn't have kids on purpose.  I'm not going to sign up to be punished for it and sure as shit not by her.  

Bishes be crazy.  Ha!

 

MissK03's picture

Courts are a really sad place for most men. The system really needs to be revised and not allow BMs to rake some men of all their salary's. 
 

SO made a comment to me the other day about claiming skids. He still (for whatever reason) allows BM to claim skids. The always alternated 2/1. This coming year should be her year to claim two. I'll add, this makes my blood boil but, SO thinks SS17 might have to claim himself because of his wages. I have to look into more but, he said that if she gives him a hard time about him taking over claiming skids on his taxes (when she provides literally $0) he will threatened to take her to court for child support. I told him I'll be right there to help him pay. F her. Let's see what happens. 
 

She hopefully will know better but, who knows. 100% confidence though a judge would rule for SO. 
 

strugglingSM's picture

Agreed...in my case, BM was the breadwinner and DH was the caretaker, but she is still able to work the system to her benefit. Courts definitely still take the view that "single mothers" are the poor damsels in distress. 

strugglingSM's picture

At DH's last mediation, BM tried her hardest to get hold of my income information, but he refused to provide it. We downloaded his official tax transcripts, which include what he paid and information on taxes taken out, without including my income or our complete tax return. This might not have flown in a full court review, but BM didn't provide her full income (she claimed she didn't have the paperwork, yet), so really, her lawyer couldn't push too much. She provided her joint tax return (I don't believe she and her DH are legally married, but they file as married, which I believe is fraud), which claimed that her DH made $26K for the year and spent $45K on his business (a convenient $20K loss for tax purposes). 

I will refuse to provide any income information to BM. She makes a lot more than DH...she may even make more than DH and I combined...she's just money-hungry. She's also a complete fraud. She is a CPA, but didn't even file taxes for the last three years she and my DH were married. She also underreported her income and deducted personal expenses from her business revenue, which is completely illegal. When DH went to the IRS to get an innocent spouse ruling, they wanted him to testify against her in a tax fraud case, but he refused. 

Exjuliemccoy's picture

just ask a SM.

The US is a capitalist country, so the bottom line will always be $$$. This is why we aren't seeing more Family Law reform - fixing the system would put most of the pigs feeding from the trough out of business.

I find it pathetic that I - an unrelated, childfree woman - did more to support and rear BM2's youngest than she did. She had three kids by two different men, and never worked to help support any of them. It's the twenty-first century, and gender equality has made great strides almost everywhere OTHER than in family law.

The double standard is ridiculous. Every parent should be prepared to work to support their offspring. Yes, women do deserve some time off before/after birth, but they do not deserve a free ride for the rest of their lives. In fact, judges should be less inclined to award custody to individuals of ANY gender who can't demonstrate an ability to support their kids.

strugglingSM's picture

That is infuriating! Why is it that just because a woman was married to a man at one point, that, that man is expected to support her for the rest of her life? After divorce, shouldn't that woman be considered to be on her own? He can certainly support the kids, but what's with the expectation that the wife be supported. 

If this is the case - that a man must provide for any wives for life, even if those marriages end - then we as a society should be more upfront with people before they get married. When people apply for a marriage license, they should provide a handbook that says, "do you know what you're really getting into?"

In my case, DH would have been entitled to alimony upon divorce, but didn't pursue it. To make matters worse, he was then penalized with BM having to "approve" his living situation to make sure it was "appropriate" even though he didn't have enough money to find a place, so had to move in with MIL, so he could have visitation. 

Exjuliemccoy's picture

The male ego is probably the single biggest impediment to reform. Men are often hamstrung by it, because they think they'll look weak if they speak up. Men are also less likely to ask for c.s. and other types of support, and most wouldn't think of organizing to create change. So they bend over and "take it like a man".

I still recall my DH coming home from family court after successfully petitioning for full custody of YSD. I couldn't be there, because, you know, I had a JOB. I asked how much cs he'd been awarded, and he made some excuse about not bothering to ask for it because BM2 was such a loser. I had a hard time keeping my temper in check and said something like, "So you have no problem expecting ME to help support YSD, but you don't think her MOTHER should have to?!?" It was clear that this had never occurred to him. We never saw a dime from her, but I made him go back to court and hold that rotten, gaping, pathetic walking uterus accountable. Of course, she was inputed for the minimum amount and moved out of state, but it was a symbolic victory.

strugglingSM's picture

I agree on the issue of men not speaking up and not collecting what they are entitled to. 

The same thing happened with BM's abuse. She was both verbally and physically abusive to DH, but he's a large guy, so even though she hit him, she never actually hurt him. He figured that it wasn't abuse because he wasn't actually hurt and I think he figured he just had to take the verbal abuse (which a lot of women do as well, so this is maybe less of a gender issue). The counselor that he and BM went to after she filed for divorce told him, "divorce will be good for you, because she's abusive", but I don't even think he believed her until I came along three years later and confirmed that BM's treatment was still abuse and he shouldn't put up with it anymore, because according to him, he "didn't think men could be abused." 

We are now paying more than BM would be entitled to - even with underreporting her income - because DH wanted to change the holiday schedule as part of the mediation. When he told me that, I told him that was fine, but he'd have to reduce what we spend on SSs when they are with us, because our pot of money has not gotten bigger. Of course, SSs now think "mom pays for everything" because DH doesn't give her extra money every month - which she used to demand when she thought that DH's CS was too low. 

surprisestepmother's picture

We already have a plan that if my income was to be counted into CS, we would be divorcing and I would be getting a cut of the "pie". My husband would become a formal tenant of mine so we could still live together.