CS modification after birth of new child??
DH and I are waiting for the arrival of our DD any day now... I was wondering if after she is born if we can get CS modified because of the new addition to our family and home?? She currently gets a little over 1/2 of his BAH (Basic Housing Allowance) and we live off of his paycheck only because I was a full-time student and too far along in my pregnancy to find a job over the summer... and I had his kids for almost 2 months and it was cheaper for me to care for them than to get daycare for them... So basically BM is getting $550 a month for 2 kids...
Also, we had them for almost 2 months during the summer. In the past BM has had us keep CS while Skids are with us to use the money for them (as it is intended). This past visitation she wanted us to continue to pay CS while supporting the 2 kids on the money that just DH and I usually survive on. She stated to me that she is entitled to continue to receive CS payments regardless of where the kids are or how long they are there. Not sure what the laws on all of this are because we are very new to this whole deal.
Now BM is a def GU so I know if we try to get CS lowered (can we?? I have no idea) then its gonna be a battle from hell... Does anyone know?? Would/Could it be worth it or would it be best to just let it lie?? I dont want my DD to go without just because she wants more money for herself but I wonder if it will be worth it in the end. Any advice?? Please help me out!!!!
I dont know what state you
I dont know what state you are in so that makes a difference. my ex got a CS discount for my kid $138 cause he had another child he was paying for. My DD is entitled to 386 and we get 228 because he was paying for another kid. Best advice call CS enforcement and ask
And as for the summertime yes she is right that she is entitled to it for the whole year, but when they made that agreement was it included that you would have the kids 2 months of the year? if not your CS should be recaculated to include that and the monthly payments should go down.
And I know this sucks but being on boths ends of the CS ladder, most of the bills for the kids are all year around, for example, she doesnt move into a smaller place for those 2 months, but it should go in your favor that you have to provide all their food and needs for those 2 months...
I’ve said it before CS is not
I’ve said it before CS is not fair. I have one SD10and the BM refuses to buy anything for SD. She even refused to buy her sunscreen and told her to get it from us. We get all the medical and dental bills sent directly to us and BM refuses to even pay a co-pay ( *I* cover 100% of SD’s medical and dental insurance). We purchase SD’s school supplies, shoes, pay for 100% of any activity costs (or she would do NONE, no way BM would spend HER money on that). For 5 years we had SD whenever she was not in school so BM had NO child care costs. Over the summer months SD lived with us and we still paid the full monthly CS payment to BM– BM contributed nothing.
We tried to ask the court if we could just keep what DH paid, not asking BM to pay US while SD lived with us over the summer and they refused. However, they did lower it slightly to take into consideration the CO time that we had SD over the course of the year.
There are many factors that affect CS and they varies from state to state. I personally don’t think that is a very high payment for two children. My DH pays something similar for SD and that does not include the medical and dental insurance that we also pay for, all the uninsured medical and dental that we pay for at 100%, and all the child care costs.
Most states take into consideration both parents income, how many other dependents they have, how much visitation time they have, who provides insurance, and if there are child care costs. That is all they will look at. We could get our CS lowered based off the fact we have, since the last CO, had two children. But I also think there is something that says we cannot go in and ask for a reduction simply because we have two more dependents – you can ask for a review once every two years or you can ask for a review if there is a significant change in income (so not just because you have more dependents). It would probably be beneficial to you to check out what all affects CS in your state and under what circumstances you can ask for a review or modification.
I've given up trying to
I've given up trying to figure this out and have simply resigned to paying whatever for however long on behalf of my SO.
We had a new baby and the child support was not reduced in our state. Funny, because when my son's BF had another, ours was reduced for his "new child support obligation." I think the difference hear is that he was actually paying out child support for the new child as opposed to our situation where the new child was living with the father.
The CS ladder is inequitable and unfair for sure. We pay out $300 per month for a child that resides with us 40% of the time. His BM makes $50k a year MORE than we do as well. I also receive CS for my son, that last 4 checks received were for under $2 each! What a waste of paper......
Good luck with your modification - I've found they are usually a bigger headache than they are worth.
In my dh's case his CS is
In my dh's case his CS is reduced during the time he has the kids in the summer for his 4 week visits. It is stated in the papers that way. However getting it is a battle in itself as bm has to go to the CS and let them know that he has the kids and has to sign saying that is is so but she won't do it. So even if it is put in the papers he can't seem to get it so if yours is not in writing you will not get that money.
As far as the new kid and CS I do not know you will have to ask a lawyer.