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Child Support Issues / Question about variable expenses
« on: Jun 04, 2011, 09:33:30 AM »
Have a question concerning variable expenses????
We took my boyfriends ex-wife back to court for more custody and was granted extra time during the summer and misc. placement dates. With the new amount of time, it is considered a shared placement and child support was reduced by XX amount of dollars. In shared placement child support order the Court Commissioner orders each party to a certain percentage towards the variable expenses, usually by the amount of time you have the child.
This is the wording from new order for child support:
            B. That Variable expenses shall be shared between the parties with the Petitioner paying seventy (70%) percent and the Respondent being responsible for thirty (30%) percent of said expenses. However, said variables expenses shall not include the private school tuition for the parties minor child. The party incurring the variable expense shall forward proof to the other parent within thirty (30) days with reimbursement being due thirty (30) days thereafter.”<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

Has not been a problem with us, and have faithfully reimburse promptly our 30% whenever the was a expense submitted to us with in days of submission and our medical expense of 50% also reimburse promptly within a couple of days.
Since we have his daughter for 8 weeks, we have signed her up for 6wks of swimming, 6 wks of volleyball, Boys and Girl's Club and Red Cross Babysitting Course during the summer, with a cost of $255.00. We have paid the total cost for these courses and she has started the first course of RCBC today.
We submitted to  his exwife with the registration reciepts from all the programs along with the cancelled checks as proof on May 27,2011. We received a email two days later with reguards to the receipts of programs and that since she was not informed or her input of these programs, that she is not going to pay any of our expense quoting that it was a entertainment expense and not a variable expense.
In our new CO from the court it also states: Activities in which the child partcipates, including hunting, shall be at the discretion of the parent with placement at the time the activities occur. So we did not have to confer with her about any of the programs and none of these programs interfers with her placement over the summer, all programs are on our placement and days.
I was under the inpression that these programs are a variable expense according to what the law in our state says about variable expense. Here is the law:
(29) “Variable costs” means the reasonable costs above basic<o:p></o:p>
support costs incurred by or on behalf of a child, including but not<o:p></o:p>
limited to, the cost of child care, tuition, a child’s special needs,<o:p></o:p>
and other activities that involve substantial cost.<o:p></o:p>
The definition of “basic support cost” according to DWD40 is:
                         (3) “Basic support costs” means food, shelter, clothing, transportation,<o:p></o:p>
                            personal care, and incidental recreational costs.

   Are we wrong with assuming that these summer programs are a variable expense that should be reimburse within 30 days the 70% from his exwife?? 

Anyone who has dealed with variable expenses before would be a great help for us. I am preparing to send out a email about what I have quoted here and the wording in all the orders and asking again for her 70% but I wanted to get some input from others before I send.

Thanks ahead for anyones help.   


General Issues / Slander by exwife's mother
« on: May 31, 2011, 09:30:23 AM »
Have a question reguarding slander by my boyfriends exwife's mother.

To make a long story short,

       My boyfriend and his exwife have had multiple court cases involving TRO, child abuse, child protective services, custody and denied placement issues between WI and IL over the past 6 years since the divorce. His exwife had lost all her cases and all the false charges had been dismisssed by all agencies involved. However she continued to file cases after cases for frivilous accusations for the past 6 years.

This last summer his exwife had denied our summer vacation placement (of two extra days on our weekend) and we once again had to go back to court. My boyfriend and I agreed that if we had to go back to court again for something frivilous we would fight for more custody time during the summer since his daughter lives in IL and we live in WI,  no matter what the cost was. Needless to say $15,000 later, we now have 8wks during the summer, extended weekends on certain weekends during the school year and more holiday time now with his daughter. We really need all the extra time to bond more his his daughter, since all of these court issues and his exwife taken a toll on their relationship. We can move foward with hope in the future now.

Now his exwife's mother has posted on her facebook account (she signed me on as a friend 2 yrs ago, even though we are not) that his daughter is being abused here in WI and how could the GAL and State of WI allow a child to go to here fathers after all the cases in court. Stated on facebook that my boyfriend was charged with abuse,  she says the abuse was proven (which was not and dismissed by all agencies: Police, child services and court) and medical neglect. All of these claims are false.

States that the GAL was upset with the exwife and exwife's mother that she went over the GAL head and wrote the GOV of WI about the abuse.  Now the daughter has to spend the summer with her father as a payback from the GAL. That this is a case of WI -vs IL and about politics rambling. These two people refuses to believe or come to the conclusion that the courts and GAL have his daughter best interest in mind and after all the turmoil between the two is causing harm to the child that it is proper and fit to have their daughter spend the summer with her father is a right thing to do for the child.

His exmother in law is making claims that he is abusive to his daughter and medical neglect (he is also a firefighter and a EMT) to millions of people on facebook that is slanderous to his name, reputation due to her statements on facebook to friends and family. Some of the people who commented on her posting are feeling sorry for his daughter and does not have the correct story about what has really been going on.   

The question is, does my boyfriend have a slander case against his ex mother in law???

Any help would be greatly appreciated.


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