S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Child Support questions  (Read 10358 times)

wife1

  • New Arrival
  • *
  • Posts: 42
  • Karma: -6
    • View Profile
Child Support questions
« on: Oct 17, 2011, 09:14:44 AM »
Two things first bio mom is saying she is going to take bio dad back to court for more child support because she says he has not reported his change in income, but the child support was based off of an agreement between the two and not off his income. There is nothing in the decree that says he has to report change of income only that he has to report that he needs child support taken out of his pay check and that he needs to make sure he has insurance on him. So can she still get him for back child support? Granted she has had 12 years to take him back to court.
Second if she is asking for more money on the side for other things is there any way of just adding it to the child support  like directly to attorney general instead of making a check out to her, this way she can't try and say that he never gave her anything? I know there is no way that he can stop her from using it for other things such as her other kids (from her current husband), just want to try and make sure its used for him. Court order is in TX.
trying to make it through each day as best as I can...


tigger

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 7924
  • Karma: 591
    • View Profile
Re: Child Support questions
« Reply #1 on: Oct 17, 2011, 09:52:26 AM »
Not sure about Tx but in NC CS can be reviewed (requested by either party) every 3 years or if there's a significant difference (ie, the new amount would be 15% higher or lower than what is currently ordered.)  It's unrealistic to believe that an amount set 12 years ago would still be applicable. 

As for the other question, I think if she's requesting 1/2 of the cost of an event, activity or membership, then you can pay the entity directly.  Not sure what difference it makes if she pays $100 for something and asks you to reimburse her for 1/2, and she then spends $50 on a pair of shoes.  It's not your DH's money that bought the shoes, his money paid back what was essentially a loan for his half of what was spent on the child.
The wonderful thing about tiggers is I'm the only one!

wife1

  • New Arrival
  • *
  • Posts: 42
  • Karma: -6
    • View Profile
Re: Child Support questions
« Reply #2 on: Oct 17, 2011, 10:21:04 AM »
In tx it is either 17 or 20% of the father's income that it is based off, and the same thing goes for every three years she could have taken him back for a change in  child support. No its for clothes, we just dont want to send her $500, and it not go directly to his child. Its just that the relationship between bio mom and bio dad has always been a strained one and now its to the point where she wont even speek to bio dad for basic things, example he called to speak to his son and when he asked to talk to bio mom to talk about how much she needed she refuses to speak to him and most times she does finally speak to him she is rude and hateful. But that is her own problem to deal with
trying to make it through each day as best as I can...

tigger

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 7924
  • Karma: 591
    • View Profile
Re: Child Support questions
« Reply #3 on: Oct 17, 2011, 10:45:53 AM »
Um, CS should be paying for clothes.  However, if he wants to spend $500 on clothing for the child (I'm guessing teen by now?) he can take him shopping and that way he'll know the money was spent on the child and for clothes he wanted.  I would just suggest removing tags before sending the clothes home so they can't be returned to the store for cash or store credit.
The wonderful thing about tiggers is I'm the only one!

wife1

  • New Arrival
  • *
  • Posts: 42
  • Karma: -6
    • View Profile
Re: Child Support questions
« Reply #4 on: Oct 17, 2011, 10:51:19 AM »
That would work, but they live in Arizona, and yes he is a teenager now well he is 12. So we have no clue where the money would go, before school started we took him shopping and sent him home with a ton of new clothes, shoes, jacket, and school supplies this way we could make sure he had what he needed. It isent a problem sending the money it is just we know it won't all go to  him and that is what he wants.
trying to make it through each day as best as I can...


ocean

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 5073
  • Karma: 172
    • View Profile
Re: Child Support questions
« Reply #5 on: Oct 17, 2011, 11:20:26 AM »
Keep doing what you are doing. By the extras when he comes for long visits and pull of the tags so she can not return them. If she wont get on the phone, then no money, ignore. If son says he needs something, ask him what size or send you a link online from a store, and buy it, send in mail.

For other things, pay directly to the place/activity/dr office. Send her a letter/email stating that if there is something he needs to pay for, to let him know hte telephone number/address and he will pay his half directly to them. We have dealt with dentist, braces-ortho-dentist, bowling ally, dance classes. Most are happy to take your check in the mail for your half and some made our own account.

You did school shopping, the next time he comes (THanksgiving or Christmas?) if you want, you can take him shopping again. Then maybe again for spring break.

If she takes you back for more child support, then the extra clothing stops. Child support DOES cover clothes, shelter, and food. Look at his order and see what the court order says about extras. If it does not say anything, then he is not required to send anything else.

wife1

  • New Arrival
  • *
  • Posts: 42
  • Karma: -6
    • View Profile
Re: Child Support questions
« Reply #6 on: Oct 17, 2011, 11:36:13 AM »
We try to get him what ever he needs/ wants when he comes down plus send him cards with 20 or 40 bucks here and there but we know for a fact she is taking that from him too. He told us this summer that she owed him money because she took what we had sent him.He might come down in December not sure yet she hasen't told us anything yet nor will she till its almost time for christmas break. We know that she is most likely having him and his younger brother (from current husband) share some of their things, which isn't a big deal but dont't lie about what is happening to his stuff. We would be more than happy to pay for any extra activities he does but she doesn't tell us about anything he does so we dont know until afterwards.  The court order says nothing of extras just insuranc and c.s. It wouldn't matter anyways she doesnt't follow the order , she makes up the rules as we go along.
trying to make it through each day as best as I can...

ocean

  • Private Reserve
  • SuperHero
  • ***
  • Posts: 5073
  • Karma: 172
    • View Profile
Re: Child Support questions
« Reply #7 on: Oct 17, 2011, 12:06:15 PM »
What about gift cards? Probably take them too but at least it would at that store. Maybe a mens/boys/sporting good store.
Better just putting money away until he comes to you. Go shopping one of the first days you are there. Let him wear the new clothes, wash them and send them home :)

Simplydad

  • Jr. Member
  • **
  • Posts: 110
  • Karma: -9
    • View Profile
Re: Child Support questions
« Reply #8 on: Oct 17, 2011, 12:49:50 PM »
In Texas if the ex wants to increase the child support she will have to make a request for a review that can be done every few years.  Both the custodial and non-custodial parent can request the review.  The Texas AG office sends a notice every year informing each parent of their rights to request this review.  So the best his ex is going to get is an increase from the date it was applied forward.  The AG office cannot award retro child support.

MixedBag

  • Global Moderator
  • SuperHero
  • *****
  • Posts: 3049
  • Karma: 155
  • That's Me...MixedBag
    • View Profile
    • http://www.doilyboutique.com
Re: Child Support questions
« Reply #9 on: Oct 17, 2011, 01:27:41 PM »

Not sure about Tx but in NC CS can be reviewed (requested by either party) every 3 years or if there's a significant difference (ie, the new amount would be 15% higher or lower than what is currently ordered.)  It's unrealistic to believe that an amount set 12 years ago would still be applicable. 


 
THAT comment bothers me...
 
If this is something they agreed to -- .... well, see it hits home for me real closely.
 
EX#2 AGREED/ASKED for a very low amount from me when we split and that I pay all transportation, and gasoline expenses for EX to drive our son to the airport.
 
SO.....YES, every time he came back to court to ask for MORE CS, I consider that retaliation particularly since every time he filed it was right after I filed something to ask for more time or to ask for make-up time -- that he be held in contempt of court.
 
YES, the amount was low.....but he came up with the number, not me.  AND back then, there were no tables and stuff for our state.  They were all implemented about a year or two after our divorce.
 
There was NO SIGNIFICANT change in circumstances to warrant higher child support either.  Our son was healthy -- and my insurance covered him well.
 
I bet this dad feels that way too.....(and the Stepmom).

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.