Is it worth it?

[kaylene99]

Hi,

It's been a while since I've posted here.  I hope everyone's doing well.

Well, I wanted to know what you guys think of our situation.  Hubby's in the military and was recently promoted.  Ex-wife found out about it.  We don't know if she's going for child support increase but I wouldn't be surprised.  

Their divorce order was done in a different state.  We're all in FL now.  Furthermore, hubby's has been doing 100% of transportation for visits with kids (2) and doesn't get to claim them on his income tax at all.
Since the divorce, she has moved the kids further away numerous times and hubby still shoulders 100% of transportation just to see them.

If she'll go after a child support increase, that's fine with us.  We're all for what's fair and, if she's entitled to one, then good for her.  I did a quick calculation and, if anything, she'll get about $100/month.  If she does bring up a lawsuit though, we will petition court to grant meeting halfway for every visitation (since she's the one who keeps on moving) and alternate claiming the children (or divide) for tax purposes.  What do you think are our chances in getting these granted?

Right now, instead of handing her that extra $100, we are using it towards our and the kids' transportation expenses.  Airfare alone is worth more than $100/month!  Ex-wife has been unwilling to meet halfway even after we offered to pay for her rental car and gas.

Any thought or idea is certainly welcome.

Thanks!

[KAT]

Oh yeah, let her file. Then your husband asks for FULL transportation & EVERY year income tax deduction. If not written into state code, request that she be responsible for the first 250 (500 whatever) of out of pocket medical expenses per year.  See one needs a bargining chip...or two, or three. That's why you ask for the moon then settle for something closer. :) I realize your husband doesn't want to play games, but that's pretty much what the family court has become these days. If he goes in being reasonable the judge will think he doesn't need all he's requesting so he/she won't have a problem removing an item or two from his *wish list*. This way, the judge can say okay, half way meeting & still feel he's giving poor bio something too...and heck, she'll probably think she's won.
Ahh, don't you just hate the waiting when you know it's coming?
Hang in there!
KAT

[kaylene99]

Divorce and support orders were done in GA but all parties are now in FL.  

Per support order, hubby is to pay CS thru allotment.  At the time he was going to set this up, ex-wife was in the process of moving out-of-state.  Hubby was about to be deployed, too.  They talked and he agreed to the move thinking it will benefit the kids (her getting a new job, living close to family members, etc).  She then asked him if he could just send her checks because that's what's convenient for her at the time as she has not established a new bank account yet.  On his behalf and while he was deployed, I sent her the checks noting "for child support" on every single one.  When he came back and received a new bank account number from ex-wife, he set up the allotment and that's the way CS is paid eversince.

Anyway, due to that whole situation years ago, hubby's payment record shows an arrearage. We have sent the support office copies of all cashed checks. They have put a notation on the payment record.  In fact, hubby overpaid ex-wife!

Our concern is, when she does file for a CS increase, this arrearage will show up and hubby may be required to pay them all over again.  Yes, he didn't follow what was on the decree at the time due to both of their circumstances but he still did the right thing by sending her the CS timely.  I hope that will mean something to the court/judge when the time comes.

What do you think?  Soc, please advise!

[KAT]

Has support enforcement corrected their records? For example, if they sent her a letter & she agreed that it was paid. If you aren't sure, write to them (via certified mail) requesting an audit of the account. If it is still showing up as arrears, then it's going to be up to the judge.
Post on Soc's board for better advice on how to handle the situation.
Best of luck!
KAT