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Child Support when each parents has a child...

Posted by on Oct. 16, 2013 at 9:23 PM
  • 25 Replies

 Not trying to open up any cans of worms, just trying to figure out, in general since every state varies, the deal with child support if both parents are primary resisdance for one of their two children. Ie. SS lives with DH and myself and SD lives with BM. SS has been living with us since the summer but due to some work things, DH has not been able to go to court to modify the support until now. We have been paying daycare, food, and private medical insurance (and eveything else for that matter) for SS since he moved in and she hasn't offered to give any of the child support she was receiving for BOTH children towards any of these expenses. SHe mentioned this evening, court is in the beginning of next month, that she doesnt think its fair for her to not receive something for SD because she has to travel to all of her medical appointments (no more than 20 mins) and on her accord because by CO she is supposed to tellDH of all medical appts and she never does. SD is on disability so she receives a check for about $700 a month for that, she is on state insurance so all medical expenses are covered and she only eats through a gtube which all the supplies and formula are covered 100%. She also has a home nurse there while BM works full time, who is also covered by the state...Just curious because I had always heard that if both parents have one child, they would owe to each other support so it eliminates...and if not, can she really try to pull that gas money is equivalent to all the expenses that DH has to pay that are not covered by the state??

by on Oct. 16, 2013 at 9:23 PM
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Replies (1-10):
looneytunes290
by on Oct. 16, 2013 at 9:36 PM
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In our state they would put both parents income and expenses in and a formula would create the cs amount. Depending on who makes more someone will likely be ordered to pay cs unless the amount is so low te judge calls it even. If your dh makes more than bm it is likely he will have to pay her support. Support is to make the living conditions for the children as equal as possible.
PyschMeh
by on Oct. 16, 2013 at 9:40 PM

I was actually just looking at something on that earlier. I'm assuming that is is what it meant: The CS would be determined for what each parent will have to pay the other, and then who ever has to pay more would only be paying the difference of the two CS to the other. Again, I am ASSUMING that is what it meant, I may be wrong.

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chanizen
by Platinum Member on Oct. 16, 2013 at 9:59 PM

Not necessarily.  First, a disabled child may require more time and resources (leaving less time to work). Also, if there is income disparity, there may still be support ordered,

Its usually done with a formula base pd on income, number of kids and custody time.

momof2ex1
by Ruby Member on Oct. 16, 2013 at 10:39 PM
I think that in situations like this, the calculator for both parents income should be used. That way both households are equal in income. Say mom makes more than dad, mom pays dad CS to increase his income to be more equal to hers. That's my opinion. Right or wrong. That's my opinion. Both parents should be supporting both kids. Not just one each. If they are equal in pay then there would be no need to balance it out.
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momof2ex1
by Ruby Member on Oct. 16, 2013 at 10:41 PM
This is my opinion on the matter as well. Say dad makes $10 and mom only makes $5. Or switch it around mom makes more. It would be unfair to the child living at the $5 household to not have an equal lifestyle to the child in the $10 household. The homes should be equal since the kids are split.


Quoting looneytunes290:

In our state they would put both parents income and expenses in and a formula would create the cs amount. Depending on who makes more someone will likely be ordered to pay cs unless the amount is so low te judge calls it even. If your dh makes more than bm it is likely he will have to pay her support. Support is to make the living conditions for the children as equal as possible.

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EmbraceTheChaos
by on Oct. 17, 2013 at 9:00 AM

See I understand the diabled child but the state literally covers everything. There is a nurse there full time so that BM can work and they cover everything medically that she needs, plus the additional $700 a month to compensate for anything that may not be covered, which is rarely the case.

They make the same amount of money and in the past, the court didnt care that the amount they were taking from DH would compromise his ability to pay rent or cover other mandated expenses. They just said the kids come first. Now we have one of the children with us, who financially costs a lot more and I feel like she is tryign to make it so she doesnt have to take care of her son at all and in addtion, still wants money...But he is her responsibility too. Just like SD.Where they make the same amount, I feel like its only fair that she contribute to her son's care as well. Yes SD is "disabled" but nothing is uncovered for her already so it just doesnt seem fair that we have to cover everything for SS and SD and she doesnt have to contribute naything....but I know court is always a gamble based on the judge and the mediator that day so I guess we will just have to wait and see

Birdseed
by Platinum Member on Oct. 17, 2013 at 9:12 AM

The fact that SD's expenses are covered likely won't come into play at all when it comes to determining support.  Most states these days use a calculator that factors in income and number of overnights per year.  They don't take into account who is paying for ECs, clothing, whatever. Even if the kids are in each home 50/50, it's not uncommon in many states for support to be paid.  We always had to.

So I think the best thing to do in your situation is to get on your state's website and plug in the numbers.  See where you're going to be.  Talk to an attorney if needed.  But I don't think that the fact SD's expenses are largely paid for by the state and/or federal gov't will come into play.

dawncs
by on Oct. 17, 2013 at 9:33 AM

Your dh will probably still pay a little child support for his dd. It would be used to pay for Medicaid or state insurance It is due to her being on Medicaid. There is another sm on the board who's sd receives Medicaid, and the bm has to pay child support. It has to do with a bill enacted during the 1990s by Congress.

Dawn


Group owner of Different Learners Support Group (http://www.cafemom.com/group/118648)

awesomemommy2
by on Oct. 17, 2013 at 9:37 AM
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I think if the daughter is severly disabled and the son isnt that the cost of raising the daughter would be substantially higher than the son.   I understand that she receives the money from the state but $700 is nothing if she is the sole provider of care for the child.   Does BM work?   Would she be able to make more if the child was not disabled?   There are a myriad of factors that come into play in a case like this.  Its not simply one kid to each parent and call it a day.   

Leigh84
by Gold Member on Oct. 17, 2013 at 10:22 AM
This


Quoting chanizen:

Not necessarily.  First, a disabled child may require more time and resources (leaving less time to work). Also, if there is income disparity, there may still be support ordered,

Its usually done with a formula base pd on income, number of kids and custody time.


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