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I am trying to find out some information for my wife who has been divorced for a couple of years. TN had implemented a new law in early 2005 (after her divorce). It is called 'Shares Income CS Program' where the income of the Primary Resident Parent (PRP) is taken into consideration for the Alternate RP. X is stating he is taking her back to court to get his CS dropped since their divorce was prior to the new law since her salary was not taking into consideration.

Has anyone had any type of experience with this issue? If so, please share.

Blank

I am with the both of you and feeling your pain.  I also have seen the same gripes as us on the Dad's Divorce forum.   Lot's of other dads in the same shoes as us.

I am not sure.  I think only in the event there is a 15% deviation.  I have read the new laws and it is so convaluted and still trying to understand if he can even try this.

I am trying to find out some information for my wife who has been divorced for a couple of years. TN had implemented a new law in early 2005 (after her divorce). It is called 'Shares Income CS Program' where the income of the Primary Resident Parent (PRP) is taken into consideration for the Alternate RP. X is stating he is taking her back to court to get his CS dropped since their divorce was prior to the new law since her salary was not taking into consideration.

Has anyone had any type of experience with this issue? If so, please share.

Background:  State: TN; Child: 12:  Mother is PCP and Father is NCP.

Child has been diagnosed with bi-polar, ODD, clinical depressed, and mood disorder.  She is on three types of medications right now and meds do not appear to be working for her.    

Father is not very active in her life.  He sees her maybe twice a month.  He has yet to attend any of her counseling sessions over last four years.  She has had massive counseling and therapy and nothing appears to be helping her, in fact, she is getting seriously worse.

Mother has notified him of all appointments, times, places, results and asked that he attend to help assist her medical and psychiatric needs.  

Mother has got to make a decision as to get her the best help possible since it appears that nothing else is working for her.  Mother is considering sending her to an out of state residential therapy treatment program which will be very expensive and insurance does not cover any of the fees.  

It has been decided by professionals that it is NOT to the child's best interest for her to get treatments at the Psychiatric treatments that are only provided on the insurance plan.  Basically, a hospital type setting with mentally disturbed children.  Professionals feel it would be more harm that good and definitely would not be beneficial.   Mother has documents stating all of the above from all professionals involved.

Questions:  Father is liable for one half of the medical bills.  Does he have any kind of argument not to help in the payment for this treatment if this was to go in front of the judge?  Does father have a leg to stand on to get out of paying ½ of the fees?

Any input would be appreciated.  

Soc,

Welcome back...

I received papers from birth mother's (divorced from her 10 years in TN) attorney a year ago in April, 2005 to have CS increased for 16 daughter (fine no problem it should be done since my income has gone up over the last couple of years).  She has also brought up a contempt of court charge with a savings account issue.  I had closed the account eight years ago when I took the money out to take kids skiing (yes, stupid mistake on my part and did not realize at the time what I had done).  It was stated in our original divorce papers to keep savings account open so that is why contempt issue got brought up.   In the meantime, I have reopened the savings account and added the money back plus the accumulated interest.  

Also, I am still paying CS on my 20 year old married son who is in college full time.  I also am trying to get him emancipated since this case started last year.  (Yes, another stupid choice on my part, because I had verbal with the BM if I would continue paying CS, then it will go towards his college) which never happened because I have given him over $4,000 for his college.  

We had deposition in June, 2005 and she had accused me of not paying half on medical bills but she had never presented me any documentation accordingly (over the years) and also accused me of not having life insurance which I was able to prove otherwise.  No issues here.   In the meantime, I am still paying birth mother CS until son gets emancipated.  BM and her attorney have not responded to the last three letters to get this case solved.    

I continue paying attorney fees to try to get this case closed because my attorney has to keep writing letters to her attorney because we never get any responses or answers for resolution.  

I even filed a Motion to Compel for her to come up with the documentation stating that I had not paid for medical bills and she was not able to come up with anything, bills etc.  It now appears that she is no hurry to get this case closed because she has figured out that she is not getting that much extra out of me (from medical bills issue).  Plus she is still getting the extra money monthly due to the son's CS not being dropped yet.    

My lawyer had stated that if this has to go to court that it would not look good on me since the contempt issue was proven true. But, I have rectified that issue.   My lawyer has sent another letter two weeks ago (4th one) asking for a court date to be set on the docket and that is where is stands now.  They have not responded to the last three letters to try and get this case resolved and nothing on the 4th letter.  

1)   This now has to go to court since they have not responded, can I get in any major trouble for the Contempt issue since I have already rectified the problem by reopening the savings accounts with interest?  

2)   Do I have any kind of recourse since she brought up the case and continues dragging her feet since she is gaining extra money for every month that passes by?  

I do realize that I have made alot of mistakes over the years but I have never been late my CS and have tryed to rectify where I went wrong.  

I am sorry for asking you this.  But every time I ask my attorney something, I get another $300 bill and I have already paid a great sum of money since that whole thing started a year ago AND THIS CASE HAS GONE NO WHERE FAST.
             
Thanks.

There is no change other than her salary was not taken into consideration under the previous law.  From what I am reading, he can only do this if there is a 15% deviation.  None of the other modification reasons apply to him.  I was just wondering has anyone even tried this since the new Shares Income took affect.

I am trying to find out some information for my wife who has been divorced for a couple of years. TN had implemented a new law in early 2005 (after her divorce). It is called 'Shares Income CS Program' where the income of the Primary Resident Parent (PRP) is taken into consideration for the Alternate RP. X is stating he is taking her back to court to get his CS dropped since their divorce was prior to the new law since her salary was not taking into consideration.

Has anyone had any type of experience with this issue? If so, please share.

Devoted Father, It looks like you got alot of great advice on both forums...I would take it and run with it.  You have alot of work ahead of you.  Good luck.