Interstate CS

[SLT4273]

Hello,

I am very new to the whole CS system and am trying my hardest to learn the ropes.  

I had a relationship a few years ago with a man that was separated from his wife.  Our relationship resulted in a child.  He and his wife have since reconciled and I am in the process of pursuing cs for our son.

I live in Nebraska and he lives in Indiana with his wife and their son.   I am wondering how much of his income will be applied toward my son's child support since he is already supporting two dependents (wife/son) at home.  I have looked on various sites and have not had any luck.  I was told my case would take a lot longer than the average cs case because it is an inter-state case.

Can anyone offer any expertise?  Thank you in advance.

[Peanutsdad]

typically, only the children are looked at,, if I remember right,, 2nd child, seperate family,, hes looking at 16%

Someone correct me if I am wrong.

[KAT]

Just a note. If they are still seperated on paper he could be maxed out on child support or close to it. Prepare for the worst because chances are they know a child support order is coming.
KAT

[SLT4273]

They are no longer separated and there is no court order for him to pay cs for his other son.

[KAT]

Go to chidsupportguidelines.com  You know how much he makes, how much you make,  we don't. The child support calculator should show you if additional children are taken into consideration or if they are not considered at all. Some states do, some states don't. Some states are income share, some are percentages. Some states take into consideration the amount of parenting time the NCP, some don't. Can't keep track of what ever state does & doesn't have.  It will also show if he can obtain an offset for providing such things as health insurance. But as I stated, they could still be legally seperated on paper & still living together. Don't count you chickens too fast...
KAT

[SLT4273]

Thanks for the valuable advice.  Like I stated, I'm new to this whole process and could have been over/under-estimating what is taken into consideration in the process.  Thanks again.

[Bolivar OH]

Man that's going to make visitation weird.  Think his wife will let him pick up the child by himself?  Take this to T.V. and I bet everyone can make some extra money.

I appreciate your candidness.  I am just trying to make light of a bad situation.  You are aware that the probability of you being in custody disputes for the next......... say 18-21 years is about 99.9%.

I am not trying to be mean!  I am meagerly giving you heads-up on what will ALMOST certainly happen.

Good luck!! and best wishes!!

[SLT4273]

His wife is more than welcome to accompany him in picking my son up.  We are 8 hours from them.  I didn't elaborate well enough apparently in the beginning... they were separated when he and I met and he was dishonest with me up until the day the pregnancy test showed a positive result.  He had told me all along that they were divorced.  

I am quite sure it will get very very ugly down the road.. but I'm not the bad guy here.  I'm just trying to make sure my son gets what he is entitled to.

Thanks.

[wallyworld]

okay,  first off interstate cs cases SUCK!  First thing first.  GO NOW and file in YOUR state for child support.  If he files in his state first then HIS state will be the one that gains exclusive jurisdiction of the child support issues.  What this means is EVERY time YOU (or he) wants a modification of child support you will have to travel to HIS state.  However, if it stays in your state you will have less traveling.  Belive me I fought tooth and nail to have my child support order stay in IL (where I reside ANd where the order originated)  my ex fought for it to get modified in FL.  I won because the order was filed in IL so IL retained jurisdiction.  

Although, many states have diff. guidelines.  You may get more benefits with his state than yours or vice a versa as some states figure in med. benefits AND child care.  My state does NOT.  Her state DID.

pm or email me if you would like more information on the uifsa (universal interstate family support act)

[KAT]

Her state has to have some sort of jurisdiction over the biodad.....If not & she files in her state, he finds out the guidelines are lower AND/OR the duration of child support is shorter, he'll accept the jurisdiction (thus she'd be screwing herself.) Even though I do not agree with the entire antiquated system of custody/support, I had to put it out there....in all fairness.....probably shouldn't have. This goes both ways. We don't know this ladies background, who says she is actually going to be the custodial parent if he files for custody? Therefore she might actually gain knowledge on being the NCP before she needs it (if ever).
In addition, she probably woouldn't have to attend the hearing if it's held in his state if she files thru CSE...the CSE in his state represents her interests, (but do ask first).


KAT