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2 Bumps

Question about child support..

My SO and his ex have a child together. They get along great and when she asked his approval to move three hours away, he OKed it, because he knew it was best for them (she was in a bad situation with her more recent ex). Since they moved we don't see SS very often (ex doesn't drive) probably only once a month, and my SO pays child support. My SO got a promotion and in a few weeks we are moving so we'll only be an hour away from them and SS will be staying with us a lot more. So, my question is, should my SO pay his ex more child support because SO will be making more money, or should he pay her the same because we'll have SS more? (There isn't a court order for them).

 
FatGirl239

Asked by FatGirl239 at 12:14 PM on Jul. 15, 2010 in General Parenting

Level 19 (8,098 Credits)
This question is closed.
Answers (6)
  • If there is already a contract in place, then he is only legally obligated to pay her the amount in the contract. That contract IS legal in a family court. That being said, if he is making more money AND he'll be seeing the child more often, then that will basically cancel out his obligation to pay the woman more money. Parenting time is figured in when assessing child support.
    Eris822

    Answer by Eris822 at 3:43 PM on Jul. 15, 2010

  • Hmmmm this is sticky without a court order..Iff the other mom takes him to court he could be paying more Or back intrest on the support he already pays.. Plz know that if a court case does come up for what every reason i advise him to have mo reciepts of what he has been giving other wist she could say he has not done anything .. Having reciepts is his back up just in case.
    MTM

    Answer by MTM at 12:23 PM on Jul. 15, 2010

  • So the child support is not court ordered now? I don't want to get all up in your business but why isn't it court ordered? I ask because I've had experienced with this not only with my own case but my hubby's case. He was doing the same thing for my SD's mom for over a year, one day she got mad didn't let him see my SD, he took her to court for visitations we went through the motion of CS first, she asked that all the money he had given her be considered a gift, ended up adding about $4700 in arrears because of this, just for the 1 year , even though he was paying her. Your hubby needs to protect himself and his rights as a parent, you never know when this woman can turn her back on him and his rights are not protected, both child support and visitation, things change, people change. If this were through a CO either party would have the option to request modification of the support order based on the change of income. GL
    LuvmyFam6

    Answer by LuvmyFam6 at 12:25 PM on Jul. 15, 2010

  • yes no matter what the matter is you still need to get yours.
    glo360

    Answer by glo360 at 12:33 PM on Jul. 15, 2010

  • They didn't want to go through the court system (for whatever reason). They have a notorized contract they did with a mediator (probably to save money?) that sets what he will pay her each month and that he can see their son when he wants, because he has a screwy schedule at work. And he has reciepts and check carbons of all the money he has paid her. She doesn't know he got a promotion, just that he is moving closer.
    FatGirl239

    Comment by FatGirl239 (original poster) at 12:45 PM on Jul. 15, 2010

  • I would definitely go through the courts and get an order put in place, just to protect everyone's interests. If there is a question about amounts of CS, you can google child support calculator for your state and input the numbers - it should give you a pretty good idea of what your SO should be paying (according to the courts) based on overnight stays/amount of income.
    missanc

    Answer by missanc at 12:46 PM on Jul. 15, 2010

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