Ncp's your view

[Imom]

As of now there is no cs order, for five years. Dh hubby will be filing he has finally seen that a child should be support by both parents.  We have not talked with bm about it yet, she never gave us a clue she was filing for reversal when she did. My point blabk question is should we mention it to her at all, how should we is yes? We would like to talk with her, hubby only wants her to pay min. cs we know that she does not have to disclose anything to us or our attorney with out a court order and we really would like to at least hammer out the medical, for the past five years they pay their own and out cost , hubby would like to keep it that way 1. for the hassle, 2. it would reduse her weekly obligation too.  How would you as ncp view this, we will not ask her to agree, sign anything without her attorney as we wouldn't , we just want talk as a buffer to see what she would want per say, and show her example forms, direct her to the Indiana childsupport guidelines.

We could just let our attorney handle this, yes, I just don't want him to blood sucker or piss her off ,we would like to at least know for the medical part so if she agrees to that we can say we already agreed to that so their is no expense there...........thats really all we want to shoot for.

[rini]

hello

Be they male or be they female, parents are responsible for supporting their young.  

How they are responsible remains up for debate.  

Now a parent that has not contributed in any way for 5 years in my opinion will not contribute voluntarily and it has become obvious that the need for court intervention has been determined by the neglectful parent themselves.

Personally I would ask for her financials and try to come to an agreement.  If she refuses to comply with giving you a paystub to figure an agreement out of court sick the attorney on her full force.  After 5 years of non payment she deserves to pay the maximum any state can order her to pay.

See the reason why the guidelines are so very unfair and government mandated is because of people like your ncp that take for granted that other people should be supporting their offspring

rini in PA

[Imom]

ok she is not working by choice, but I do know our state will compte her income as min., the only other two issues are she does have another child that she has custody of and our state allows legal obligation for prior, but we don't know hers, and the medical.

Are you telling me we can ask her, not the attorney, us. Like dh send her a letter requesting the info, telling her she can black out personal info.  ie. like if she has a cs order for the other child she can black out all of the personal info just leave her legal obligation viewable.

[rini]

hello

Ncps that do not work by choice are still supposed to support their kids

if i am getting you right she had another child with another dad and dad let her have the kid so you are thinking well she is getting child support for that kid so its income./

well before i answer further please supply your state and the age of the child your ncp has custody or partial custody of.

if she is living with the dad and not a custodial parent let me know

i am unclear and i have many answers to the right question.

if you prefer to im me this information you certainly may


rini

[Imom]

ok our bm had a son when she met my dh, my dh raised him from 1 1/2 until he was 7 (ss born in 95) there was no support order that whole time for that son the bm refused too, when they (dh and bm) split it was agreed on custody of my ss and no child support. Bm first moved to Fl. in Jan. 99 , in 00 she moved back here for the summer, then to Mississippi  and moved in with her grandparents because she left her older son in Fl. with family and they sent that son to Mississippi to her gp's and they  were going to get custody if she didn't move there but before she moved she told me all of this and that her granparents told her she could move in with them and keep her son if she filed for support on the bf....................since then she has mentioned a few times of waiting on her cs check.......so as we don't have 100 % proof but we do know:
We live in Indiana
Bm in Mississippi (with her gp's)
Indiana will compute her income as min. wadge
If she does not have an obligation (ie. if her cs order for older son's cs order is from Ms. which only computes ncp's income) our state will compute her one. If you have piror cs order or legal obligation thats get taken out of your income in our state.

There is online a cal. thats step by step and does the forms.....as for custody.
Custody
Joint Legal
Shared physical
Dad one week before school until one week after
Mom anyt ime child is out longer then a three day weekend
Vistation
any reasonable
Dad even year Christmas vacation (year to claim)
Mom odd year Christmas vacation (year to claim)
Child Support; No direct support it would be equal (our attorney we have now said that the first attorney added this to satisfy the court but she should pay support????)

Bm filed for reversal in 2002, in 2003 it was denyed but the courst added at least one phone call a week.
 

[Imom]

https://secure.in.gov/judiciary/childsupport/calculator/support.pl?path=wiz&action=Next&sD=1|0|2004-05-01%2012:25:14||||||-!-||||0.00||0.00|0.00|0.00|0.00|0.00|||-!-||||0.00||0.00|0.00|0.00|0.00|0.00||

[Imom]

that this is the link to our cal. the guidelines are over to the left,,,,,,I do understand most of it................but I was just wondering would it be out of line if a cp would bring this issue up to the ncp. Or should dh just serve her, i know we could even have our state do this on behalf of ss, I just don't want to stick it to her unless it has to come to that point. Plus I just thought of this her attorney is free for her ,,,,,,so this could be drug out. didn't think about that..

[rini]

hello

I will take a look at the guidelines but in the meantime.........

i am wondering if she has no income why in the world does she still get the income credit for the child on the fed income tax return
that is preposterous.. to say the least.

since you have no idea of her previous earnings you must compare her job experience and prepare for the hearing using the state that she resides in has minimum wage guidelines for each type of job that they put in categories.  these can be found on the states main web site.

keep in mind that even if the state pursues it for you, the option to settle for a lessor figure is your option.


what has she previously done for work and what education level does she have?

[Imom]

If I start this you would think I am nuts but here goes................now none of this is 100 % positive but none the less, we do know she worked at Wal-mart down there and Mazio's Pizza (she was still there before the summer but not anymore).  She testified in court she was going to school to become a cna then to be a nurse practitoner (sp?) in  late 2002, now keep in mind she told us this in 2001, so did her gp's several times. I talked to her on the 13th of this month re medical issues (she and ss had been in a car accident over the summer and did not iform dh until a week later, nor did she have ss checked out because the state of Missippi kicked every one of medicade?) she told me that she was a sub. teacher and that she is going to school to be a teacher. I am sure there is no way to find that out on our own, but thats what she said....................she even told dh this on the 4th of this month he doesn't believe her but ya never know.

As for claiming I am sure if we pushed this with the irs she wouldn't be allowed to.....this is our year to claim. And next year if she has no income we could claim him (or at least this is what our tax perpairs say and to my understanding of the irs we could), but we never know if she is filing, has income as she is not required to tell us. I also found out from the irs that she can not claim the unearned income credit that goes to dh the problem is we don't know how to trun her in because the problem is that with dh income level and we have (4of our own) we get all the deductions and the unearned income credit so really it does not change our taxes but I also feel see shouldn't get to cheat the gov. That just my pov. But she is getting prob. 500-1000 extra she shouldn't e/o year.......

[wendl]

Personally since she isn't supporting this child in anyway, then you and dh should be able to claim the child (unless otherwise states in the divorce decree)

Mom is responsible to help support this child, I would file for cs, my ex has another child he is suppose to pay support for, since he fails to be employed they imputed his income, his cs it our son is 160 a month (because I make way more than him) and cs obligation to his daughter is 180 (neither mom of other child or my ex work so they imputed income for both on that cs order)

:)

**These are my opinions, they are not legal advice**