what happens if you and dh divorce? does cs for your child=cs for skids?
i just read something that made me wonder....
if all other factors with you and bm are equal, will the judge take care of the needs of bm first or are you equal?
it seems that when we are married to dh and have bio kids, bm gets the front seat where the courts are concerned, but what if we are in the same situation as bm?
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Nope - first family comes
Nope - first family comes first, which means dh's cs for your kids will be calculated on his income AFTER cs for his first family's kids is deducted. Nice, huh? Oh AND if you work and you earn more than BM, your cs will be reduced because you can contribute more to your kids.
"That's how women are, aren't they? We want to know that others have been where we've been, who understand our fragile places, and who see our sunsets in the same shades of blue" - Beth Moore
that is total horse crap!
that is total horse crap! not that i care because financially i could buy and sell bm and dh 10 times over...but it just sucks to see what kind of importance is placed on not only us but more importantly our children..
on a side note..svs, that was you that added me recently on fb right?
Yep - If dh and I had kids
Yep - If dh and I had kids and we split, I'd get no cs because after he pays her and if we shared 50/50 (which we would do) the courts would assume I can support the kid myself.
That was me who friended you.
"That's how women are, aren't they? We want to know that others have been where we've been, who understand our fragile places, and who see our sunsets in the same shades of blue" - Beth Moore
you and dh are so
you and dh are so cute!!!
yeah, if dh had kids and divorced....id disappear with my kids. sad, but true. with out me in the equation i think it would be child abuse to subject children to such an environment. not because of dh, but because of mil and other people in the family. i fear dh would run back to his mother and i cant imagine the damage that woman would do to my kids. if she is evil enough to try and help his ex take her own sons child away and justify it, there is no telling how she would treat a child from me since she hates me.
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Mmmm. It would be nice if it
Mmmm. It would be nice if it always worked that way, (courts assuming you can take care of the kid if you do 50/50). We just got 50/50 but still have to pay CS because of the 'income difference'. BM makes much less so therefore needs to be able to give the child the same standard of living that DH does, so she gets CS.
Oh, I know that. We have
Oh, I know that. We have 50/50 court ordered (and 75% actual) and we still pay $900 a month to Wingnut because she is lazy and doesn't earn much, but if dh and I divorced, my earning capacity is high enough that I wouldn't get any.
"That's how women are, aren't they? We want to know that others have been where we've been, who understand our fragile places, and who see our sunsets in the same shades of blue" - Beth Moore
Lovely. Well, at least we
Lovely. Well, at least we think about this stuff. If it ever happened we would make better choices and not be materialistic bitches. Hopefully.
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Well in this state they take
Well in this state they take "obligation to other children" into account for anyone who is adjusting or establishing CS. They do not put one or another as a priority, but they do take it into account as 'ability to pay' in the CS worksheet that is being adjusted/established.
So both BM's get less unless one does not get CS.
That would suck. Especially
That would suck. Especially if she tricked him into having a kid he didn't want!!!
I would be like soverysad
I would be like soverysad also have 50/50 with my DH (as long as what ended our marriage wasnt something bad like abuse or something, but I dont see him doing that). He is a great father to his daughter, (we dont have kids yet and dont see us splitting up, but if we did ... ) I make more than him, so I dont think i would get child support from him. Would I have to give child support to him..!? Just wondering! lol.
If you make a fair amount
If you make a fair amount more, you could end up paying him depending on your state.
"That's how women are, aren't they? We want to know that others have been where we've been, who understand our fragile places, and who see our sunsets in the same shades of blue" - Beth Moore
The first kids always get
The first kids always get more...isn't that nice? Funny how in intact family the money is shared among ALL kids, and even in houses receiving CS the money is shared among ALL kids, but somehow in the divorce of a second family of a man paying child support already the second kids get less and if they ever get CS through divorce, it's still less...which goes to show it's not about the kids, it's about the BMs.
SBS, Which society are you
SBS,
Which society are you talking about? Everywhere I have lived, with the exception of Asia, everyone considers the first marriage a joke to include the courts.
Honestly, when I was a paralegal for a divorce lawyer, this CS thing was the biggest crock. Every single custody order and divorce decree I typed up, had to SPECIFY who got how much.
I peg this one to divorce lawyers, not judges and courts.
To the OP: I firmly believe
To the OP:
I firmly believe this comes down to how good of a lawyer you have, how much BM can pay or needs, the age of the children, and of course, the state. For example, Texas is very kind to military families and the starting CS rate is $325 (well it was in 2000) per child, regardless of age or circumstance. This is why it is important to have a good lawyer, regardless of first or second marriage or fifth or sixth. They need to present to the judge why it is "horse crap" that the first marriage is getting more than you, etc.
Nope, in the overwhelming
Nope, in the overwhelming majority of cases the initial brood gets the lions share of the CS. I believe the max for CS is 21% of NCP income. For second families it is best for there to be a significant age difference so that when the first brood ages out from under CS the second picks up the $.
The difference can also be influenced by the age of the children. Older children are more expensive in most cases and usually get more CS than younger children.
At least that is what our experience and some brief research shows.
Best regards,
Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)
It is not entirely accurate
It is not entirely accurate to assume that a high income CP will not receive CS from a lower income NCP. My wife earns more than twice what BioDad earns and still receives $385/mo in CS.
Even if a 50/50 physical custody order is in place someone is paying CS in most cases.
What chaps my ass is when CS is reduced because of elevated Custodial Step Parent income. BioDad gets a $1000/mo income reduction for CS calculation purposes because "StepDad earns a significant income that provides an artificial standard of living for the child. BioDad should not be penalized by having to significantly contribute to an artificial standard of living for the child". WTF is an artificial standard of living?
It really is no big deal. The $1000/mo income reduction only reduces CS by $50/Mo. Instead of the $385/mo he should be paying $435. The money difference is insignificant. It is the principle that the spermidiot is benefiting from my income that pisses me off. Even if it is only $50.mo.
Best regards,
Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)