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child support

Shawna03's picture

I really need some help/advice. So I think I am going to have to start from the very beginning.....it might be long.....
When my bf and his ex split he walked away with nothing. Not even birthday presents that were given to him over the years from family and friends. She got everything and he agreed to this because he didn't want to fight with her and he didn't want his boys lives to change anymore than they were going to already.
So she got the house and also had to keep the $20,000 line of credit debt "they" had accumulated "together". If they had of sold the house at the time they would have walked away with enough to pay off that debt and that would have been it. No one would have had a home. Seperation papers were then drawn up and my bf pretty much laid down to everything.
He has to pay $1400.00/mth in child support for both children
$150.00/mth for half of the boys RESP savings, $320/mth for half of her car payment and $230/mth for half of daycare. Grand total being $2100.00/mth not to mention he still has to pay half of all extra curricular activities and half for any equipment they need for these activities. The paper also stated that they would have joint custody of the kids. The way it works out is we have them every day we don't work (we are shift workers) this ends up being about 12 days a month which is almost half the time is it not?

After taxes and what not both my bf and his ex take home the same amount of money (roughly $60,000 a year give or take) he gives her half (if not more) of what he makes every month making his income $30,000 and hers $90,000.
My bf and I bought a fixer upper home for pretty cheap. Our household bills all together come to around $1000.00/mth and we split everything in half. After my bf has paid his insurance and cell phone bill he's lucky to have $100.00 left to his name to last him 2 weeks until the next pay. This still has to cover groceries, gas, outings with the kids since when we have them we actually have them all day long not 2 hrs in the morning and 3 hrs before bed time.
So trying to handle it outside of court my bf asked his ex if she would be willing to take $400 a month off the $2100. So he would have an extra $200 biweekly to live off of. As of august the car will be paid for so in total he will have an extra $700 a month which is huge. Especially since we would like to have a child in the near future. Obviously the ex said no to this and that she wouldn't be able to cover her things without that $400? How??? is my question when he pays for half of anything extra and she has $6000 a month to live off of and he has less than $2000?

So we have the boys right now about 38% of the time over the course of the year. Since she isn't willing to compromise we were thinking of going to court and trying to get shared custody since we almost meet the 40% requirement already plus our schedule has changed giving us the ability to have the boys an extra 100 days if we wanted. A) having the boys more especially since the oldest will be in full time school come this year would be awesome for my bf to have that extra time with them but also if this could possibly change the amount he is paying as at almost 40% and full days at that we go through groceries like crazy we still have to pay for clothes for them and shoes and treats and the odd outing to chucky cheese or what have you. Having them 13 days out of a month and still having to pay that much we are sinking and quickly. So I guess my question here is does anyone have any idea about shared custody or if we even stand a chance fighting?
Am I wrong? Were we asking too much for the $400.00. Are we going to spend a fortune in court just to lose? I am madly inlove with this man and his kids but I feel like our relationship is falling apart right before my eyes because of the money stress and I don't believe that $400 less a month will damage anything for her except for maybe the amount of new clothes she can buy herself in a month. Where my bf feels guilty spending $30 on a pair of jeans for himself if that money is needed for more important things for his family. It is truly the saddest experience and I just don't see a happy ending when it's all said and done. He hoped she would understand and agree, I knew better.

Sorry so long, but any words of advice good or bad would mean so much. I hope I have explained this well enough. Just to add, I make pretty decent money too and have my own obligations. I pay for a lot of things that he can't afford for himself and the kids. And I have been paying off his line of credit which is fine but she actually said that I should work overtime when he has the boys if we need extra money. I don't mind paying for their kids but he shouldn't need me to. If I were to die tomorrow he could not afford everything on his own and like I said our bills are cheap! That's what I want her to realize that with what he pays without me he could not provide a decent life for those boys when they were with him. Its already devestating enough to hear his son say "how come we do all the fun stuff at mommy's. In one week she took them to wild water kingdom, marine land, and rented a cottage for a week on a beach. We would have to save for 6 months to do all of those things! Okay rant over. Help please!!!!

Comments

ddakan's picture

Welcome to the world of non-custodial parenting. We pay only 1200 a month for one skid thats left, and about 400 in insurance for the 3 skids total.

I would ask for a review of child support based on your bfs current income. Unfortunately, when he rolled over, not to cause any more problems, he got taken advantage of. You can't hardly fix that once the order is in place unless you ask for a review.

If you get an attorney, there goes the extra 400 you asked for and plenty more. There are ways you can file yourself for a modification. There are books available by state that can help you if you are a good typist and can understand the language in the papers. I did this and we got our child support cut in half for several years. Of course she did the review every 3 years and gradually got up to 1200 for the ss17, but after 10 years, I can finally count the days until the child support stops!

It will be a hard struggle. We went bankrupt, foreclosed on, credit damaged, lost another house, owed the IRS 14000, we had to pay her part of the ira taxes :(, she left him with the debt. It was awful, we could barely eat, while she was going on vacation to Padre Island, and blah blah blah.

All this hardship is part of the deal. I know it is hard. I don't know what state you are in, but mine is 25% for 1, 30% for 2 and maybe 35% for three skids. At 35% you would be paying 1750. I don't know if he agreed to the extra crap he pays, but this would save you about 350 a month if you can do the modification yourself. You'll just have to figure out and study your state laws.

armywarrantwife's picture

I would definitly look into having the support obligations reviewed. I know each state is different but , I have never heard of court ordered obligations to include extracurricular activities. I wish you all the luck in fighting this.

Shawna03's picture

None of the current agreement was done in court. Her lawyer drew up papers (separation agreement) he signed, she signed that was it. Because he pretty much agreed to everything court wasn't necessary. Now realizing he can't carry it all after a valiant effort on his part we want to go to court. Does that make a difference we aren't changing a court order or anything? Or is a review the same???

ddakan's picture

You have to modify the papers because he agreed to pay half of the activities fees, and all that.

If it was only the child support, you would only need a review.

We pay child support and we usually get stuck with full medical bills since BM won't pay her half. We are not obligated to pay fees to sports or school because that is what child support is for.

Shawna03's picture

I'm from Canada. Our justice system sucks especially for good fathers! If your a dead beat its perfect but when you're a hands on full time dad and an incredible one at that you get screwed! I was kind of thinking the same though that some of those extra costs should be taken out of the table amount he pays not added on top!

Thanks for the help!

armywarrantwife's picture

Try googling "child support calculator" for the state in which you reside. That should give you an idea on the amount that a judge would order based on his income. I'm not sure about all states but I know in FL either party can have CS reevaluated every 3 years. There are also basic guidelines on who pays what. The insurance premiums and copays for example. Keep posting as I am curious as to how this plays out.

Shawna03's picture

We live in Ontario and he is already paying the set table amount for what he earns which is $1,400/mth but there are all those extras on top. His income was lower this year compared to last but that would only drop the table amount about $100.00 which doesn't help us enough. Where we live however there is "shared custody" where if each parent has the child/children 40% of the time or more they will lower the table amount accordingly based on income of the two parents, amount of time children reside at each household and so on. However there is no set precedent for how the decision is made it basically comes down to what the judge thinks in an appropriate compromise which is the part that scares me. To me and most sensible adults I think would see that one parent having $6000 a month and the other having $2000/mth when the children spend just as much time at both homes is very unfair when they both make the same annual income and both need to buy the same necessities in each household but will a judge see that?

secondplace's picture

Hi Shawna,

We live in Ontario too, and as far as I know, the table amounts are supposed to cover extra-curricular activities etc. I know daycare is another matter.

My FDH used to make around $60,000 (gross, not net), and his monthly child support was around $900.00 per month.

Every time BM asks him for more money for anything, he tells her that child support should cover it.

Keep in mind, she will already know about the 40% rule, and will make sure she keeps the kids at least 60% of the time.

Can you guys go for undue hardship?

bruisedpeach's picture

my cousin self represented in a CS case in Ontario.
You can get legal DIY books from staples ect;
Im from BC and I know its a minimum per kid kinda thing until you get over 40% too.
Right now I am in the UK and holy shit I envy you. CS is based on income and the amount of nights per year reduces it so its kind of like a pay per view system. bullshit.

lamcabee's picture

Wow sounds like a lot of money. My ex is suppose to pay me $110 a week for two kids. He is $30,000 behind and child enforcement divison is not even helping like they should. He has not seen my kids in 8 1/2 years. I am so upset too. Seems you need to look into a lawyer. Sounds like she is getting you. It sounds unfair. $400 is not much to ask her to cut. I know she could make it off what he pays without $400. Good Luck!

Shawna03's picture

After stating that he would go to court the ex has decided she would now like to sit down and discuss the situation and try to figure something out. The downside she has no concept of the value of money. She thinks we're making up the fact that with his money she brings home $50,000 more a year than he does. "Noooo" she says. Numbers don't lie. And to top it off she has a cleaning lady come every two weeks to clean her home at $80.00 a pop. And she pays someone $500 a season to come shovel the 2 cm's of snow off her driveway. She has luxury's while he/we can barely afford our necessities. She just can not see past herself. One of her suggestions was for us to have the kids less so that my bf can work overtime. Hahahaha. The more overtime he works the more money he'll have to pay her! Pay her more see kids less give me a friggin break. And overtime at work is scarce there is no guarantee for it! Hopefully when they sit down to talk she will come to her senses! Or at least be able to see past herself.