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Author Topic: External income  (Read 2263 times)

OneMan

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External income
« on: May 25, 2013, 08:26:29 AM »
Hypothetical situation. There is no child support order between Mom A and Dad A, who are now split. For the last 10 years they have taken care of normal, everyday expenses for child within each home and then split big expenses like education, outside sports, dance, etc. Or so Dad A always thought. In fact, since Mom A got remarried 10 years ago, she hasn't actually paid any of these large outside expenses even though she continues to work and earn same income as before. She has convinced her new spouse to pay these outside expenses, which can run between 10 and 20 K a year. But she never told Dad A about this. Dad A learned about this when a financial statement arrived at his house showing new spouse's contributions.

Question: The law says both bio parents are to pay equal child expenses. Dad A totally agrees, but this news has changed his opinion about HIS PARTICULAR SITUATION (not the national law). Dad A has informed Mom A that they must rethink division of expenses. Mom A maintains she will seek court support order if Dad lowers contribution. Will a judge take into consideration who has actually been paying expenses or completely ignore that and issue an order solely according to Mom A and Dad A's income? (No other children from either marriage.)


ocean

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Re: External income
« Reply #1 on: May 25, 2013, 12:54:16 PM »
Little confused, if mom is paying half the expenses from her house who cares if it is coming from step-dad check or mom's check?

Since there is no court order, the courts will treat it as a new case. Dad can request that he pay half of one activity per season/year. If there is a huge expense that mom has solely been paying he can try to show that she has been paying for the last xx years but probably will wind up splitting it if the salaries of the bio parents are still the same. Most states do not count step-parents income, some request it but we can whited out my info on all forms and the totals as in my state step-parents have no legal rights. There are state laws not national laws. Look up your state. What he is giving now is going to be considered a gift. Have him pay directly to the activity and get receipts. Tell mom that dad will only pay to the activity directly so she needs to tell him when it is due. Until there is a court order, what he pays mother may not count so be careful.

If your state allows step parent contribution, then dad may be responsible for less than 50% of the activities because his household makes less.

MixedBag

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Re: External income
« Reply #2 on: May 26, 2013, 02:01:40 PM »
IMHO -- you are gonna lose this one BIG TIME.
 
The courts don't (normally) care if you married rich or poor and who is physically paying the bills.
 
The fact that step-daddyo is actually writing the check doesn't matter.
 
If the shoe was on the other foot -- and you re-married a rich woman, would you want you and her to have to py more?
 
The answer is no.....so whom she married and how much HE makes is not relevant -- it's between Mom and Dad (or even just the NCP in many states if your state isn't an income shares formula for Child support).

 

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