File for child support or not?

[lucky]

TEXT OF CURRENT ORDER (in MN):
IT IS HEREBY ORDERED:
Commencing Friday, October 1, 2004:
1) Petitioner (Me) and Respondent (BM) shall share joint legal custody of their minor children:
son   date of birth 11/1988
daughter   date of birth 02/1991

2)Respondent shall have sole physical custody of the minor children:
son    date of birth 11/1988
            
3)Petitioner shall have sole physical custody of the minor child:
daughter   date of birth 02/1991.

4)Visitation will remain as currently ordered.

5)Neither party will be obligated to pay current child support so long as each party retains physical custody of one of the parties' children.

6)Each party is solely responsible for any and all costs related to medical, dental, counseling and other types of health related issues including insurance premiums for the children in their physical custody so long as each party retains physical custody of one of the parties' children.

FACTS:
Son is now living full-time with my 18 yo stepdaughter who is completely supporting him with the exception of ~$100 per month for food obtained from BM's food stamps.  He's been living with SD since mid-September and refuses to live with me and will not move back in with BM unless she obtains a permanent home.

BM receives cash and food benefits from the state for herself and son, BM is living with her boyfriend at his parent's home (not permanent).

My SD is a full-time student living off of financial aid and student loans and will not be able to support another person for very much longer.

On paper, BM retains physical custody of son, even though reality is that he lives with someone else.  No one wishes to file for a change in custody due to son being 11 months from turning 18 and a court case for that would never be completed.

My daughter still resides full-time with me and there is no chance of that changing.

MN has an expedited child support method that would result in a court date with a magistrate ~1-2 months after filing.

QUESTIONS:
1) Can my SD file for child support for son since SHE is supporting son, not BM?

2) In your opinion, would it make sense for ME to file for child support for daughter given that BM is no longer supporting either of our children?

[socrateaser]

>QUESTIONS:
>1) Can my SD file for child support for son since SHE is
>supporting son, not BM?

Yes, and the court would probably order "both" parents to pay an appropriate portion of guideline support.

>
>2) In your opinion, would it make sense for ME to file for
>child support for daughter given that BM is no longer
>supporting either of our children?

Yes, but if I were the mother's attorney I might want to join the stepdaughter and try to get support from you, in an effort to force you to negotiate for a lower amount of support from you. Example:

If you file just for daughter, then let's suppose court orders mom to pay $5 per month to you. So, you net $5. But, if I drag stepdaughter into the fight, then maybe the court will order you to pay $5 to her, and that nets you $0. It also costs mom an extra $5 for a total of $10 ($5 to you, and $5 to SD), but that may be enough of an incentive for you to just say screw it, because you won't be getting anything out of it at all.

So, maybe it makes sense -- and maybe it doesn't. It really depends on the disparity in income between you and mom. The less she makes in proportion to you, the more you could end up paying SD out of your pocket to offset the difference between your income and mom's.

[lucky]

Thanks, Soc.

First, I had considered the idea that BM paying CS to my SD would bite me in the butt by causing ME to also pay.  But wanted your insight anyway.

The good thing is that BM will not have an attorney.  She can't afford it and legal aid won't help her on CS because MN made it a "do-it-yourself" type of issue (unless you want to wait forEVERRRR for the county to do it).

Honestly, we're more worried about how SD will be able to pay her bills because her extra room (which with a paying roommate would reduce her bills by $500+/month) is being taken by my son who SHOULD be having these types of bills paid for by his mom.

Again, thanks for your input.  It really helps.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[socrateaser]

>QUESTIONS:
>1) Can my SD file for child support for son since SHE is
>supporting son, not BM?

Yes, and the court would probably order "both" parents to pay an appropriate portion of guideline support.

>
>2) In your opinion, would it make sense for ME to file for
>child support for daughter given that BM is no longer
>supporting either of our children?

Yes, but if I were the mother's attorney I might want to join the stepdaughter and try to get support from you, in an effort to force you to negotiate for a lower amount of support from you. Example:

If you file just for daughter, then let's suppose court orders mom to pay $5 per month to you. So, you net $5. But, if I drag stepdaughter into the fight, then maybe the court will order you to pay $5 to her, and that nets you $0. It also costs mom an extra $5 for a total of $10 ($5 to you, and $5 to SD), but that may be enough of an incentive for you to just say screw it, because you won't be getting anything out of it at all.

So, maybe it makes sense -- and maybe it doesn't. It really depends on the disparity in income between you and mom. The less she makes in proportion to you, the more you could end up paying SD out of your pocket to offset the difference between your income and mom's.

[lucky]

Thanks, Soc.

First, I had considered the idea that BM paying CS to my SD would bite me in the butt by causing ME to also pay.  But wanted your insight anyway.

The good thing is that BM will not have an attorney.  She can't afford it and legal aid won't help her on CS because MN made it a "do-it-yourself" type of issue (unless you want to wait forEVERRRR for the county to do it).

Honestly, we're more worried about how SD will be able to pay her bills because her extra room (which with a paying roommate would reduce her bills by $500+/month) is being taken by my son who SHOULD be having these types of bills paid for by his mom.

Again, thanks for your input.  It really helps.

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]