Author Topic: Are we being taken advantage of  (Read 4929 times)

fedupstepmomma

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Are we being taken advantage of
« on: January 22, 2018, 07:31:09 PM »
Ok here are the basics, 16 year old lives with us full time we have primary residential custody, she spends 0 time with her mom. 14 year old is 50/50 with shared residential custody. Before this change in custody, husband was paying 600 a month, lawyer drew up paperwork and we were going to be paying 56$ a month. Mom agreed, the day she was supposed to sign the paperwork we received notice from her attorney saying it should be 250$ a month because of her 3 year old who is not my husbands child. Mom also quit her job to be a stay at home mom to 3 year old when she was making 20,000 a year more than my husband. I read through the laws today but need some help as our attorney appears to be an idiot, whom we have all ready paid, and knows nothing about child support or the laws.
Thanks in advance!!

Guru

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Re: Are we being taken advantage of
« Reply #1 on: January 23, 2018, 12:14:39 AM »
First off, let me point you to a free child support tool.  Just click the link.


You'll need to first learn where you should be in regard to child support.  The discount for a child outside of the case is called a multiple family adjustment.  Currently, the only time a multiple family adjustment can be used is when the parent receiving child support requests an increase.  In that case the paying parent may use any children outsie the case to decrease support.  In your situation, that does not appear to be the case.


If she quit her job all of a sudden and is asking for more child support, that sounds like a reason to impute income.  Look into imputing income to a parent who is not earning up to their potential.  They stick it to fathers all the time for trying to dodge child support.

fedupstepmomma

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Re: Are we being taken advantage of
« Reply #2 on: January 25, 2018, 10:14:21 AM »
Met with the lawyer yesterday, he said they can use the MFA because technically since we are filing two child support worksheets and she has never had one filed on her before it can be considered a new order.... is this right? both worksheets have the same case number and she still isn't out of pocket any money her worksheet is just being used to lower his.

He said we cant argue imputed income because the last time we went to modify it the judge said as long as she was a student he would let her finish school before imputing. We have no idea if she is still a student, can we request proof? even though she doesn't work her new husband makes bank and she is always driving around in a brand new car, can we ask the judge to consider this? I am a full time student and work as a waitress making just a little money so my husband work a lot of overtime to make ends meet until I finish school and they want to include his overtime even though it isn't guaranteed. I am just looking for help, it doesn't seem right what she is doing to us and our lawyer doesn't seem to care... Thanks for any advice you can offer

BMull

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Re: Are we being taken advantage of
« Reply #3 on: January 25, 2018, 01:36:46 PM »
Hello, my name is Brian Mull.  I'm a KS child support advisory committee member.  I created a tool for parents such as yourself to use in just these situations.  You can't be sure your attorney is getting it right until you run the calculations yourself.  There's no way to know until you enter the incomes and the children's information.  The guidelines can be complicated and your case is a "divided residency" case which is one of the more challenging.  If you create a case and worksheet at eFamilyTools.com, I can help walk you through it - just email me using the contact info on the website.

MFA - for divided residency situations, a worksheet is to be created for each residency situation.  You would have one showing residency of your daughter, then another showing the shared residency case.  The net payment between the two worksheets is the amount that needs to be paid.  The MFA can be used by the paying parent for a residential/nonresidential case, so yes she would be able to use this.  For the shared residency case, she would most likely also use the MFA.  Seeing as she is the mother in this case, she will probably get the benefit of the doubt.

Imputed Income - you may not be able to impute her income if she is a student.  However, as you mention, you should definitely request proof of enrollment in school.  If you don't have an attorney, you should ask the judge to order that she provide that to you within 10 days.  If she's not enrolled, you would motion to reconsider.

Overtime - overtime might be included if regularly received.  However, if he didn't work overtime when married, but now works more overtime to make ends meet, you can make that argument to not include it.  In this case, you should prepare child support worksheets showing child support both ways.  Check out section IV.E.6 of the guidelines.  If the additional income was relied upon prior to the dissolution, it would be included, but if it was earned after dissolution, the court shall keep the best interest of the child in mind.

How much time do you have and who is your attorney?
« Last Edit: January 25, 2018, 07:13:39 PM by BMull »

Gonsalez

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Re: Are we being taken advantage of
« Reply #4 on: February 04, 2018, 10:44:05 AM »
First off, let me point you to a free child support tool.  Just click the link.


You'll need to first learn where you should be in regard to child support.  The discount for a child outside of the case is called a multiple family adjustment.  Currently, the only time a multiple family adjustment can be used is when the parent receiving child support requests an increase.  In that case the paying parent may use any children outsie the case to decrease support.  In your situation, that does not appear to be the case.


If she quit her job all of a sudden and is asking for more child support, that sounds like a reason to impute income.  Look into imputing income to a parent who is not earning up to their potential.  They stick it to fathers all the time for trying to dodge child support.

This sounds great, but how often do they actually take this into account when it comes to mothers?

BMull

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Re: Are we being taken advantage of
« Reply #5 on: February 05, 2018, 06:38:55 PM »
I would say it's highly dependent on the judge, the attorney, and how much proof exists.  There are judges which do not take kindly to either parent trying to dodge their monthly obligation.  Others are sympathetic toward mothers most of the time.  unfortunately I have to answer your question with - it depends.