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View Full Version : Update; Alabama/Florida headache/son now moved in Alabama


tundra2
09-12-2006, 03:44 PM
To give a breif, We are in Alabama, they are/were in Florida. Florida sent us letter of owed back support because she filed state ins. Needless to say we did get that straight. AND LOL now that they KNOW she gets support they pulled the state ins cause of the too high income. Next happens is; Son wants to move in with us... Yee haw and it happens. Took me by suprise but she let him come. He has now been here a month and a half.
Now.........
We want to get the support reduced because it looks like he is going to stay. We have spoke to a lawyer and he said it may reduce it to nothing, or next to nothing. She now has 1 child and we have 1 child. Hubby I think? makes more money then her but also provides health and dental ins, she has no ins. She on the other hand works a full time job PLUS cleans houses after work (I assume for cash) Job versus Job I know he makes more, but counting her cleaning houses I am not sure. The son will verify she has the extra job, will this help us? Can we find out how much she earns and possibly do this out of court to save money? (I cant see this happening though, she wont let the money stop) His brother told him she said "that if he really wants to stay here (in Alabama), she will move back here in 2 months and he will come back to live with her." So far he says he will NOT move back in with her. I dont want to do anything really for at least 2 months just to make sure son is going to stay with us, the couple months of child support hubby pays his ex isnt worth the court hassle and cost of starting to soon if son goes back to live with his mom.
So, any ideas or helpful info so when we do get started that we should know or be looking into? Any suprises we might run into we are not expecting? Anything? Whatever you think might be important please do tell.
Thanks so much! Ya'll are such a great group here!

AL HR
09-13-2006, 12:36 PM
If I understand correctly, you want to take the step mother's income into account in the CS? The new spouse's income is not used to determine CS. In most states it is either done on just the NCP or both the NCP and CP's income. Steps income is not calculated. (Nor should it be, if you ask me...)

tundra2
09-13-2006, 12:48 PM
If I understand correctly, you want to take the step mother's income into account in the CS? The new spouse's income is not used to determine CS. In most states it is either done on just the NCP or both the NCP and CP's income. Steps income is not calculated. (Nor should it be, if you ask me...)

No, misunderstood, I am stepmom. Son I am referring to is hubby son and my stepson. (Sorry I claim him as mine too) The 2 incomes I am referring to are ncp and cp. The childs Mom and Dad. CP still has 1 of hubbys children. I reworded it to CP instead of she, maybe it would be better understood. Sorry :(

We want to get the support reduced because it looks like he is going to stay. We have spoke to a lawyer and he said it may reduce it to nothing, or next to nothing. CP now has 1 child and we have 1 child. Hubby I think? makes more money then CP but also provides health and dental ins, CP has no ins. CP on the other hand works a full time job PLUS cleans houses after work (I assume for cash) Job versus Job I know he makes more, but counting CP cleaning houses I am not sure. The son will verify CP has the extra job, will this help us? Can we find out how much CP earns and possibly do this out of court to save money? (I cant see this happening though, CP wont let the money stop) His brother told him CP said "that if he really wants to stay here (in Alabama), CP will move back here in 2 months and he will come back to live with CP." So far he says he will NOT move back in with CP. I dont want to do anything really for at least 2 months just to make sure son is going to stay with us, the couple months of child support hubby pays CP isnt worth the court hassle and cost of starting to soon if son goes back to live with CP.
So, any ideas or helpful info so when we do get started that we should know or be looking into? Any suprises we might run into we are not expecting? Anything? Whatever you think might be important please do tell.
Thanks so much! Ya'll are such a great group here!

stuckinamuck
09-13-2006, 01:43 PM
IF she has residential custody of the child in question then if you try to reduce her child support based on the fact you have one of the 2 children then she could take the child back so that she could still recieve money.
The cash job is unprovable even if the child wishes to testify....That is not a good thing to do to a child..make the child decide on who's side he is going to testify. It is not in the best interest of the child to discuss matters such as child support with the child.
You may wish to modify the custody agreement and THEN tackle the child support issue!

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