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Child Support Issue

CrazyinColorado's picture

Okay so I am NOT married to my significant other. We've been together for many years but never took the plunge.
He currently pays $645 a month for child support, but due to recent change his job, it got reduced to $479 per month (for one child). The birth mother contested it and now he has to go to court because she is saying that he's hiding money (he's not).
They want to subpoena my tax records, though my income shouldn't affect his support order since we aren't married, correct?
Im feeling kind of violated right now by the whole system.
Any help would be greatly appreciated.

Glassslipper's picture

where I come from...you have to be married to consider both incomes...I would feel violated too!

hereiam's picture

Who is they? BM and her lawyer? Tell them to suck it.

In the meantime, do all the research you can for your state to prove that your income is a NON issue. The best defense is knowing the laws and knowing your rights.

Teas83's picture

The day my income factors into CS is the day I leave my husband. There's no way I'd let BM get her greedy little hands on my hard earned money that I use to take care of my DD.

I'm surprised by your story. I would think that even if you were married your income shouldn't matter. Does your BM have a significant other? If so, does his income factor in?

CrazyinColorado's picture

That's how I feel... I keep asking myself, is dealing with this garbage worth it?!
And no, she lives with two criminals in her home, one of which I believe she's "dating".

Ninji's picture

My DH jokes all the time about quitting his job and letting me support him. I tell him do what you want but you need to make enough to pay CS. Not one penny of my money will go to that witch. No reason she can't get a job somewhere other than a bar.

CrazyinColorado's picture

That's what I thought, and I believe he has objected, but the judge we've had is pretty lenient with the rules.

CrazyinColorado's picture

Thanks everyone! I feel the same way!
One more question, on their denial for modification, it states "respondent [my guy] seems to be supporting his girlfriend [me]". Which I'm assuming is why they want my records, though I'm not sure why it's make a difference either way. Yes, I do work, but no, I don't think that's anyones business how we conduct our lives. My income, or lack thereof, has nothing to do with his child.

WTF...REALLY's picture

Your right - it has nothing to do with you. At all.

The is a child support calculator that the courts use. He will need to pay that amount. Give no records for yourself to the courts. I would not even pay for a lawyer for yourself.

Just do not comply to that request. How he spends hi money after paying child support is his business.

notsurehowtodeal's picture

In Colorado the child support calculator is what is used to determine child support. There has to be a good reason to modify up or down. The child support calculator does not take into account the income of a spouse or SO. Nor does it take into account how the payer's money is spent. Whether he supports you or not is a completely moot point.

You do not need to hire a lawyer. At this point, don't respond to them in any way. Your name is not on the divorce decree or the parenting plan or the child support forms. The only thing you would need to respond to is an actual subpoena that has been served to you.

If you haven't already - look at the website for your judicial district. It will have all the forms for family court and how to fill them out. There is a lot of info there as to how support is calculated and what is required. It will also have the calculator so you can figure for yourself how much child support should be. (If the divorce was prior to January 1, 2014 you will have to use the old manual form instead of the new automated one as the guidelines changed.)

Sounds like she is just asking to see if you will give the info without asking any questions.

CrazyinColorado's picture

We already have the child support calculated, etc. That's been done and over with. Child Support Services actually modified the support, but the order gives the other party a certain amount of days to deny the modification, which she did. My guy and BM both have attorneys, and this seems to be just another ploy to stir the pot. We live 4 hours away from her, so we end up having to drive all that way just for court. Blahhhhh.
Thank you for the information!

hangingbyathread6's picture

In Michigan, the new spouse income does not get calculated. My DH could make $100,000 a year and me my income and ex would still have to pay based on my income. Same goes for DH. Which really pisses off BM because I make more money than DH. Significantly.

Rags's picture

Generally SParent income is specifically excluded by state law from consideration for CS calculation. However, some states will allow Sparent income to be considered to reduce CS for an NCP if the CP's spouse has a significant income. Check your state regs and county supplemental rules governing Custody/Visitation/Support to determine what your state may shaft you out of, or not, as a Sparent when it comes to establishing CS.

That is what happened in our case. My bride is the CP and a highly compensated professional. I am also a highly compensated professional. When the Sperm Clan attempted to gain custody (they failed) they also attempted to have CS eliminated due to my income. Nope. That did not happen either. However, due to high Sparent income a judge at judge's own discretion can apply an income credit which reduces the NCP's income for CS calculation purposes if the Custodial Step Parent's income would cause the NCP to support an "artificially elevated" standard of living for the SKid. Lots of words for a at a maximum can be a $1000/mo reduction in NCP income for CS calculation purposes. The actual impact is that the maximum that the $1000/mo NCP income credit only reduces their maximum possible CS responsibility by $50/mo. So, even though the bottom 10%er of the law profession family law judge applied the income credit the Sperm Idiot's CS still went up by 25% the first time and by 400% the next time we ended up in court to smack the Sperm Clan around.

Even though it was only to reduce his CS by $50/mo it burns my ass to no end that the worthless POS Sperm Idiot gained any advantage at all from my income.

I fought providing any information regarding my income tooth and nail. The moron bottom 10%er of the legal profession family law judge threatened me with contempt repeatedly if I did not comply with his demand to submit my tax return. I repeatedly refused as his first ruling at the beginning of the hearing was that as Step Dad I was not a party to the case. As a party to the case nothing to do with me is relevant so I did not provide the subpoenaed income information. The judge would demand my income info, I would ask if I was a party to the case. His answer was always no regarding me being a party to the case and my answer to his request for income information was "No, I am not a party to the case and neither is my income". Even you can't have it both ways your Honor Either I am or I am not a party to the case. If I am not a party to the case then my money is not relevant. He kept turning redder, and redder, and finally purple. Then he clearly told me that if I said another word he would hold me in contempt. That was fun. Since I could not speak I could not respond to his demands for my income information. }:) Eventually I did provide the information which was truly rewarding since it had been sitting on the corner of his bench since I first took the stand.

Since your income information has been subpoenaed you will have to provide it unless you can get that demand cleared. Even if you do have to provide the information it is highly unlikely that it will be used to modify CS in any way. Unless your CO is in the peoples republic of Oregon.

Stormyweather's picture

This happened to me. I live in Australia. BM had me subpoenaed as well - to be tabled in their divorce property settlement court case!!

All three skids lived with me in my house and I was supporting everyone (even SO)as he didnt have any $$ left over due to high cost of legal fees etc. When I was served, I was LIVID. How dare she demand to know what I earnt, what was in my personal bank account, any joint account we had, copies of receipts for renovations my SO did to my house so THEIR kids could live there. I guess she was also looking for hidden funds but none the less, we werent married and I was supporting her kids in my house without even a NIGHT off. 24/7 for going on 6 months. We asked her to have the youngest lad 14 at the time for a night so we could spend a weekend together for my SO's brothers 50th. The reasonable request was met with a hell no..and why should she make our lives easier so my SO can take me out?? Bitch!

I too was told I had to abide by the order. So my SO was requesting that his lawyer ask the same of her and her partner with whom she was living with as well.

It was eventually settled before it reached court (phew) but they are both now back in court again as she has been blatantly not abiding by the CO and its pretty serious and SO had the grounds, proof etc to show this and get the case re opened.

Court is now scheduled again for next Feb/March 2015. We no longer live together (long story) so it will be interesting to see what happens as a result.

Sezzza's picture

That's strange because I live in Aus too and we were told that it doesn't matter what I earned and that was straight from the CS office......

Evil stepmonster's picture

Inbred has tried many times to get my income factored in to the CS, but nope. I am not paying for her kids or for her to sit on her ass. Get a lawyer pronto.

stepstranger's picture

Hire an attorney. Nobody knows the laws of your particular state but an attorney who lives there. But in the mean time, I know in Washington, they consider the income of other adults in the home ONLY of the person ASKING for a change (i.e., you can't start working part -time at McDonalds after you marry a millionaire and then try to say you shouldn't owe as much money...but you also can't ask a court to give you more money if your ex marries a millionaire either). It does not matter if you are married are not - courts in WA ONLY consider the incomes of the biological parents. To me it sounds like the court already ordered a change, correct? Do not give them anything until you have spoken to an attorney.

Sezzza's picture

Where I'm from even if my partner and I were married only his income would be taken into consideration