Any lawyers here, child support question and the unfair nature thereof
07-13-2009, 01:01 PM
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I?ll try to keep this short.
My ex and I divorced in 2003, our daughter was 4 then. She worked in a dental office and I at my current sales function. My income was $40k more per year at the time. Anyhow, we get a divorce, and in order for her to ?maintain her standard of living? plus having our daughter 1 extra day per week, I got stuck with a $600/month child support payment, no alimony btw. Move forward to 2008, we are both remarried, all doing well financially. She married a good guy with a good job, bought an $850k house, new cars, she quit her job and is a stay home mom of two. I remarried, we both do well, live in a nice house, etc. Now I have my daughter exactly half the time, 7 out of 14 days and it works out well (we live 20 mins apart). Why do I have to pay her child support for a calculation that was computer years ago under way different circumstances? Her household makes ~$250k/year. I?ve tried to find the rationale for it but can?t. She?s doing well, doesn?t spend a dime more on our daughter than I (quite frankly I spend more). Can I do anything about this? I?ve tried to talk with her about it but obviously I?m her monthly car payment so no go! The fact that she?s not working, could that hurt me? Could she get more money if I tried to fight this? Just curious to see what I can do here.
Thanks,
My ex and I divorced in 2003, our daughter was 4 then. She worked in a dental office and I at my current sales function. My income was $40k more per year at the time. Anyhow, we get a divorce, and in order for her to ?maintain her standard of living? plus having our daughter 1 extra day per week, I got stuck with a $600/month child support payment, no alimony btw. Move forward to 2008, we are both remarried, all doing well financially. She married a good guy with a good job, bought an $850k house, new cars, she quit her job and is a stay home mom of two. I remarried, we both do well, live in a nice house, etc. Now I have my daughter exactly half the time, 7 out of 14 days and it works out well (we live 20 mins apart). Why do I have to pay her child support for a calculation that was computer years ago under way different circumstances? Her household makes ~$250k/year. I?ve tried to find the rationale for it but can?t. She?s doing well, doesn?t spend a dime more on our daughter than I (quite frankly I spend more). Can I do anything about this? I?ve tried to talk with her about it but obviously I?m her monthly car payment so no go! The fact that she?s not working, could that hurt me? Could she get more money if I tried to fight this? Just curious to see what I can do here.
Thanks,
07-13-2009, 01:05 PM
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Originally Posted by sy1616' post='941161' date='Jul 13 2009, 02:01 PM
I?ll try to keep this short.
My ex and I divorced in 2003, our daughter was 4 then. She worked in a dental office and I at my current sales function. My income was $40k more per year at the time. Anyhow, we get a divorce, and in order for her to ?maintain her standard of living? plus having our daughter 1 extra day per week, I got stuck with a $600/month child support payment, no alimony btw. Move forward to 2008, we are both remarried, all doing well financially. She married a good guy with a good job, bought an $850k house, new cars, she quit her job and is a stay home mom of two. I remarried, we both do well, live in a nice house, etc. Now I have my daughter exactly half the time, 7 out of 14 days and it works out well (we live 20 mins apart). Why do I have to pay her child support for a calculation that was computer years ago under way different circumstances? Her household makes ~$250k/year. I?ve tried to find the rationale for it but can?t. She?s doing well, doesn?t spend a dime more on our daughter than I (quite frankly I spend more). Can I do anything about this? I?ve tried to talk with her about it but obviously I?m her monthly car payment so no go! The fact that she?s not working, could that hurt me? Could she get more money if I tried to fight this? Just curious to see what I can do here.
Thanks,
My ex and I divorced in 2003, our daughter was 4 then. She worked in a dental office and I at my current sales function. My income was $40k more per year at the time. Anyhow, we get a divorce, and in order for her to ?maintain her standard of living? plus having our daughter 1 extra day per week, I got stuck with a $600/month child support payment, no alimony btw. Move forward to 2008, we are both remarried, all doing well financially. She married a good guy with a good job, bought an $850k house, new cars, she quit her job and is a stay home mom of two. I remarried, we both do well, live in a nice house, etc. Now I have my daughter exactly half the time, 7 out of 14 days and it works out well (we live 20 mins apart). Why do I have to pay her child support for a calculation that was computer years ago under way different circumstances? Her household makes ~$250k/year. I?ve tried to find the rationale for it but can?t. She?s doing well, doesn?t spend a dime more on our daughter than I (quite frankly I spend more). Can I do anything about this? I?ve tried to talk with her about it but obviously I?m her monthly car payment so no go! The fact that she?s not working, could that hurt me? Could she get more money if I tried to fight this? Just curious to see what I can do here.
Thanks,
07-13-2009, 01:44 PM
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Lawyers? Lawyers? We've got them out the wazoo! I swear, if Scott or Craig don't respond to this with a well-researched brief, I will bust a vein in my neck. Yes Dave, I may even go apoplectic!
07-13-2009, 01:47 PM
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Originally Posted by CWS530' post='941206' date='Jul 13 2009, 02:44 PM
Lawyers? Lawyers? We've got them out the wazoo! I swear, if Scott or Craig don't respond to this with a well-researched brief, I will bust a vein in my neck. Yes Dave, I may even go apoplectic!
SOMEONE PLEASE HELP THIS POOR MAN!!! Calvin, take deep breaths and count to 10.
07-13-2009, 02:08 PM
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I see you're on here Scott--viewing this thread--right now. If you respond with the "I'm not a child support/divorce lawyer, therefore I can't help" bit, you will be able to hear me screaming all the way to NY. Where's Craig?
07-13-2009, 02:13 PM
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Originally Posted by sy1616' post='941161' date='Jul 13 2009, 05:01 PM
I?ll try to keep this short.
My ex and I divorced in 2003, our daughter was 4 then. She worked in a dental office and I at my current sales function. My income was $40k more per year at the time. Anyhow, we get a divorce, and in order for her to ?maintain her standard of living? plus having our daughter 1 extra day per week, I got stuck with a $600/month child support payment, no alimony btw. Move forward to 2008, we are both remarried, all doing well financially. She married a good guy with a good job, bought an $850k house, new cars, she quit her job and is a stay home mom of two. I remarried, we both do well, live in a nice house, etc. Now I have my daughter exactly half the time, 7 out of 14 days and it works out well (we live 20 mins apart). Why do I have to pay her child support for a calculation that was computer years ago under way different circumstances? Her household makes ~$250k/year. I?ve tried to find the rationale for it but can?t. She?s doing well, doesn?t spend a dime more on our daughter than I (quite frankly I spend more). Can I do anything about this? I?ve tried to talk with her about it but obviously I?m her monthly car payment so no go! The fact that she?s not working, could that hurt me? Could she get more money if I tried to fight this? Just curious to see what I can do here.
Thanks,
My ex and I divorced in 2003, our daughter was 4 then. She worked in a dental office and I at my current sales function. My income was $40k more per year at the time. Anyhow, we get a divorce, and in order for her to ?maintain her standard of living? plus having our daughter 1 extra day per week, I got stuck with a $600/month child support payment, no alimony btw. Move forward to 2008, we are both remarried, all doing well financially. She married a good guy with a good job, bought an $850k house, new cars, she quit her job and is a stay home mom of two. I remarried, we both do well, live in a nice house, etc. Now I have my daughter exactly half the time, 7 out of 14 days and it works out well (we live 20 mins apart). Why do I have to pay her child support for a calculation that was computer years ago under way different circumstances? Her household makes ~$250k/year. I?ve tried to find the rationale for it but can?t. She?s doing well, doesn?t spend a dime more on our daughter than I (quite frankly I spend more). Can I do anything about this? I?ve tried to talk with her about it but obviously I?m her monthly car payment so no go! The fact that she?s not working, could that hurt me? Could she get more money if I tried to fight this? Just curious to see what I can do here.
Thanks,
What state do you live in? I may be able to refer to someone who actually practices domestic relations in your state. You need the advice of an expert.
That being said, your ex's changed financial circumstances might be relevant to alimony (which is for your ex-wife's support but was not awarded) but probably not relevant toward your child support obligation. Child support is intende for the child's upkeep and your ex's new husband, absent him adopting your child, has no obigation to contribute toward your child's support. The theory behind this is that if you and your ex were still together, you'd be contributing to your child's support.
My gut tells me that you are unlikely to prevail (sorry bro) but you need to consult a specialist in the field.
Best,
Scott
07-13-2009, 02:16 PM
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Originally Posted by CWS530' post='941229' date='Jul 13 2009, 06:08 PM
I see you're on here Scott--viewing this thread--right now. If you respond with the "I'm not a child support/divorce lawyer, therefore I can't help" bit, you will be able to hear me screaming all the way to NY. Where's Craig?
Apparently our posts crossed in cyberspace. I was writing my response on my Blackberry when you posted your post.
I just don't think our fellow member has a good case but he should consult a speciialist. If he's in New York or California or Texas or Illinois or NJ or Florida I can find him someone to help.
07-13-2009, 02:18 PM
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Originally Posted by CWS530' post='941206' date='Jul 13 2009, 05:44 PM
Lawyers? Lawyers? We've got them out the wazoo! I swear, if Scott or Craig don't respond to this with a well-researched brief, I will bust a vein in my neck. Yes Dave, I may even go apoplectic!
We actually do not have many lawyers who are E60.net members.
07-13-2009, 02:27 PM
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Originally Posted by sdg1871' post='941238' date='Jul 13 2009, 03:18 PM
We actually do not have many lawyers who are E60.net members.
07-13-2009, 02:35 PM
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Originally Posted by pjinca' post='941245' date='Jul 13 2009, 06:27 PM
Really?!?!?! I know you are the more vocal on here Scott, but I would think there would be quite a few E60.net/attorney members.