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So because she had a baby we pay this much more??? Update: Spoke with lawyer...

Anonymous
Posted by Anonymous
  • 24 Replies

DH has always had 50/50 custody of his son since his divorce.  But because DH has a significantly better paying job, he still pays a little less than $200 in support a month.  They are due next month for their bi-annual support review.  DH submitted his income information about 6 weeks ago, knowing it would probably go up a little because he accepted a new position in August.  We received a letter stating it would go up like $42.  So DH and BM agreed to mediation to confirm everyone was in agreement to the increase and sign the papers.  They've been divorced for 10 years and this is what they've done since the initial court order.  DH's lawyer called yesterday and said he was faxing him some new paperwork, he needed to look at it immediately.  BM submitted new income paperwork stating she is no longer working and figured new support payments with her having zero income and two children.  According to BM's lawyer, DH's new support is $1156 a month for a child that we have 50% of the time.  BM had a new baby in July and is going to be a SAHM.  DH text her about it last night and she text him back saying her and her DH figured it out and she actually brings in more money money from DH's support and not working than she would working and paying childcare.  ( yes he kept the text).  DH's lawyer said their numbers are no where near correct by our state's standards and if they have to go to court they will.


So this is my question, when figuring CS income don't they use minimum wage as the non-working parent's income level or can you really have zero income?  


Update: DH talked to his lawyer and he just laughed.  Like some of you have said CS with a non-working parent is based on potential earning income, not just minimum wage.  BM is giving up a decent paying job, which is her right but it doesn't mean DH should pay so much more.  Plus the amount BM's lawyers came up with is based on us have SS only every other weekend, not 50/50.  So We don't know if she is planning on trying to reduce visitation but there is no reason for DH to lose any time.  DH's lawyer is going to counter with the original figures that were presented and if she doesn't agree in mediation, they can go to court.  BM has a new lawyer and our lawyer checked around about her and she's just out of law school, plus she has the same last name as BM's DH, so we wonder if it's a relative.  

Posted by Anonymous on Oct. 29, 2015 at 11:58 AM
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Replies (1-10):
rosie211
by I'm a nice one on Oct. 29, 2015 at 11:59 AM
Well that sucks.
Anonymous
by Anonymous 2 on Oct. 29, 2015 at 12:00 PM
1 mom liked this

it depends on the state, but I don't think they should use her income at zero.  Didn't he has the lawyer when he had him on the phone?

Spam72
by Emerald Member on Oct. 29, 2015 at 12:01 PM

They not only use minimum wage in Minnesota but the minimum the person could reasonably expect to make.  I had a friend who was a doctor and quit to avoid support in a 50/50 situation.  The courts based her support on what the lowest paying full time doctor earns. 

DisabledVet
by Ruby Member on Oct. 29, 2015 at 12:02 PM
1 mom liked this

Depends on the state. But why should he have to pay for a child that isn't his?

Anonymous
by Anonymous 3 on Oct. 29, 2015 at 12:05 PM
Here they base it off what you're capable of making. If you have the skills, education and experience to make $100,000 a year they base it off that, not what you are actually bringing in.
Anonymous
by Anonymous 4 on Oct. 29, 2015 at 12:07 PM
2 moms liked this

I would get the best lawyer in town and fight that to the death. I don't believe anyone should have to pay child support if custody is 50/50. It's not the ex's fault the other party decided to stay home or not advance their career. I think this is total and utter BS. And no I'm not a bitter ex wife. My DH doesn't have previous kids. 

I don't know the answer to your question though. 

Anonymous
by Anonymous 1 - Original Poster on Oct. 29, 2015 at 12:07 PM

The lawyer said BM's numbers are no where correct and that there are a few instances they allow zero income but from as far as he could see BM didn't qualify.  The lawyer got the papers yesterday at like 4 pm and had court this morning so DH talked to him for just a few minutes.  He said he was going to figure the amounts this afternoon and see what he came up with.  He said if he adds our kids into the mix it could greatly impact the numbers.  DH hasn't ever claimed our two kids when figuring CS because he didn't feel it was fair to BM and he didn't pay much to begin with.  But if BM is going at it this way, it should be fair for all involved.  

Quoting Anonymous 2:

it depends on the state, but I don't think they should use her income at zero.  Didn't he has the lawyer when he had him on the phone?


MrsDavidB25
by Stacey on Oct. 29, 2015 at 12:08 PM

 They use minimum wage here in NC

MrsDavidB25
by Stacey on Oct. 29, 2015 at 12:09 PM
1 mom liked this

 I do find it outrageous he is paying $1000+ for a child he has 50/50. Especially since she has a husband to support the household as well. I know his income doesn't count, I'm just saying.

Molz09
by Platinum Member on Oct. 29, 2015 at 12:10 PM
They usually base it on what that persons potential wages would be. At least that's been my experience.
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