Custody?
There's no custody agreement with BM...They are just here every weekend - every other if DH's work interferes but he still goes to get them for dinner during the week - a week does not go by he doesn't see them - the kids are used to it - it's been like this since they were babies. They talk to him every night unless BM decides she is mad about something...
She is complaining he doesn't have them enough (I guess she forget about how during the summer she picks up and leaves for a week at a time and just dumps them off with us without any warning)- this is an issue because she doesn't have time to get another boyfriend she can suck the money out of I guess...
Anyway - during the summer - it will be easier so we will have them more...his schedule will change again and he will work like 4 days and be off for like 2 or something weird like that - now...if we do this...because he does pay child suppport - even though there is no custody he pays her in full like she has full-custody I guess?? If we get them more - what is considered partial...sole custody etc. Because hell - if we are going to have them ALOT then we'll be damned if he is still paying her in full...I have to disguise my profile...we're in PA though...anyone else here? Is there like a certain amount of hours or something? Or nights they sleep here?
- unbelieveable's blog
- Log in or register to post comments
Comments
you have to have them at
you have to have them at least 40% of the overnights for the entire year to get a break on cs and the break isn't that much. Anything less than 75% and you still have to pay cs. We get a 20% savings because we have her 50% of the time (we're in PA). Also, without a CO, it will be hard to get a legal reduction.
Yikes, Id google how the
Yikes, Id google how the formula works for your state before you rock the boat. Although parenting time that is spelled out is good, what happens if you end up with less time and have to pay more? What good is that?
In PA, unless they all ready
In PA, unless they all ready have the kids 40% of the time they're paying the max (assuming he is paying an ordered amount and not something they agreed on). The formula pretty much says dh has earning capacity $a and BM has earning capacity $b (not actual earnings, but the ability to earn), the kids are entitled to $c (it works from a table). Then they take dh's % of the total $a/($a +$b)and apply it to $c. That is the ordered amount. If he has more that 40% custody (based on overnights) he can deduct 10% from his percentage. We have SD 50% of the time and still pay nearly $1000 a month.
My DH and BM had an open
My DH and BM had an open order when I met his 16 years ago. I found it weird that since it was open that she still got a uhge amount of CS.
This became a problem because BM then wanted to start clamping down on time. She sued us for full custody and tried to get more money so she could quit her job.
It didn't work, we prevailed in court and she had to follow a very strict order.
Long story short, it is BEST to have an iron clad guideline of who gets what. 50/50 is best for the kids and reduces child support. Get something in writing or else it becomes a nightmare! Good luck!
I agree with imthewife, go
I agree with imthewife, go get everything put in a court order. I don't know if it will help with CS but in my experience the best thing you can do for sanity is to have everything written out. Check your states department of child services web site and see if they have an CS obligation calculator. That way you know what you will be paying in CS when it is ordered. If it is much more than you are paying now, it might be possible to ride it out, I just can't live like that personally. I needed everything with my bios and FSS iron clad. It keeps the kids safe, and we have a whole lotta crazy running around in our exes.
I'm in the same boat. It
I'm in the same boat. It would be nice to have a court order just so I would know when SD12 was coming. It's always a "surprise" when he goes to pick her up every Friday and every holiday and every time BM doesn't want to be bothered.
I agree with the other
I agree with the other posters, go to court and get everything laid out in a CO. That way, if and when BM drops the kids on you in the Summer, you can document it and take her back to court. You will then be able to show the judge that you are caring for the children more often then the CO states, because she can't be bothered.
The only time a steps income
The only time a steps income is considered in cs in PA is if the NCP is requesting a downward deviation in the formula. So if the CP wants an increase or for the initial calculation the step's income cannot be included.
NO criminal charges here on
NO criminal charges here on EITHER one of us...THANK YOU INTEG!!!! SO MUCH INFO!!! I would also like to point out...we are now on Night and Day 3 this week of having the kids...Two more days to go...maybe more...I'll explain in my next blog. Thank you everyone!! BIG help!!