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Help me with child support question

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  • Help me with child support question

    I'm in Louisiana...and I'm the other woman...
    The father in question and I are not married yet we are engaged...Neither of us come from alot of money so the wedding will have to be paid for by us and at the moment we just can't afford it so it has been put on the back burner at the moment...
    Instead of giving all the sorted details I'm going to be broad and just ask what I need to.
    The child support papers say that he is to pay $500/month in child support. They have a verbal agreement that he only pays $300/month. When the child support was ordered he was in a different city and made alot more than he does now. He drives a truck over the road and is gone all the time, so I take care of all the bills and I pay his child support. We pay her $150 the second Tuesday of the month and $150 the fourth Tuesday of the month, because we can't afford to give it to her all at once and this makes it where I can pay our bills the first and third weeks of the month.
    The other day she called complaining to me because she was broke and wanted her money this week. Of course I can't afford to give it to her this week because I paid part of our bills this week. Well she got mad and threatened to go to court and have them make him pay the $500/month...we really really really can't afford that - we barely can make the $300/month.
    She recently got remarried (without even telling the kids that she was thinking of getting remarried - not that she has to have their approval we just told them because we value their feelings and opinion) her new husband works for an offshore drilling rig and makes roughly $800/week - my fiance makes less than half of that a week. She also has a full time job here.
    My question is...if she takes us to court and we asked to have the child support changed...do they take into account her income and her new husband's...I was under the impression and was told they did, since that is the family income for that house...so they would take that family's income versus my fiance's income...so surely it would be lowered...am I correct or am I wrong???

  • #2
    They do not consider the new husband's income, so they will not lower it. If your husband makes less money, then he needs to get a lawyer to TRY to get the support reduced. She has every right to take him back to court to get the full $500. He's lucky she agreed to the lower amount in the first place if the court order was $500.

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    • #3
      Please...

      Have More Respect For Yourself Woman...
      Whay Do You Call Yourself The Other Woman??

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      • #4
        Originally posted by kroberts
        I'm in Louisiana...and I'm the other woman...
        The father in question and I are not married yet we are engaged...Neither of us come from alot of money so the wedding will have to be paid for by us and at the moment we just can't afford it so it has been put on the back burner at the moment...
        Instead of giving all the sorted details I'm going to be broad and just ask what I need to.
        The child support papers say that he is to pay $500/month in child support. They have a verbal agreement that he only pays $300/month. When the child support was ordered he was in a different city and made alot more than he does now. He drives a truck over the road and is gone all the time, so I take care of all the bills and I pay his child support. We pay her $150 the second Tuesday of the month and $150 the fourth Tuesday of the month, because we can't afford to give it to her all at once and this makes it where I can pay our bills the first and third weeks of the month.
        The other day she called complaining to me because she was broke and wanted her money this week. Of course I can't afford to give it to her this week because I paid part of our bills this week. Well she got mad and threatened to go to court and have them make him pay the $500/month...we really really really can't afford that - we barely can make the $300/month.
        She recently got remarried (without even telling the kids that she was thinking of getting remarried - not that she has to have their approval we just told them because we value their feelings and opinion) her new husband works for an offshore drilling rig and makes roughly $800/week - my fiance makes less than half of that a week. She also has a full time job here.
        My question is...if she takes us to court and we asked to have the child support changed...do they take into account her income and her new husband's...I was under the impression and was told they did, since that is the family income for that house...so they would take that family's income versus my fiance's income...so surely it would be lowered...am I correct or am I wrong???
        Let me ask YOU something. Since you live with dad, why shouldn't he be ordered to pay MORE child support, since your income raises dad's household income?

        Why did he leave his higher paying job? If it was voluntary, a reduction in child support won't happen.

        Since he has only been paying $300 of the $500 that was ordered, he will have to pay ALL of the money that was ordered. Mom's verbal agreement is not legally binding.

        So, when the case goes back to court, not only will he most likely be ordered to pay the $500, but they will add on more to apply to all of the money he didn't pay.

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        • #5
          My income doesn't raise his becuase I'm a full time student.
          He left his higher paying job because the kids live here in Louisiana and he was working and living in Dallas, Texas with the higher paying job. His ex-wife informed him that she was no longer meeting him half way so he could get the kids, that he would have to drive the 5 1/2 hours every other weekend to pick them up and the 5 1/2 hours every other weekend to drop them off to her. At the time he was working and in school he didn't get off work til 6pm on Friday which leaves it to 11p before he was there to get the kids. That wasn't enough time for him with the kids so he moved back to Louisiana.

          Not to long ago when she got all made because even though she got the money every month she didn't get it when she wanted and she called child support services and she told them he is ordered to pay $500 a month but they have a verbal agreement of $300. Child support services told her to be glad he pays the money most don't.

          And by law a verbal agreement is binding if you have proof of the agreement. Lucky for us we have proof of the verbal agreement. Also, I looked up child support laws in Louisiana, because I know I had read somewhere in the law before about a new spouses income. Low and behold I found it. By Louisiana law they take the "income" of the paying parent vs. the "income" of the CP.
          And there is a list of what is considered "income" for purposes of child support....and like I said previously on that list it says income of a new spouse....as one of the things considered "income" for the purpose of child support.

          Why ya'll all seemed so attacking to me because I was asking about lowering child support I don't know. I'm sure that's every CP worst thing to hear, but just because we are asking about this doesn't make us bad. He works all week so we can afford to pay her the $300 plus we also pay for one child. Everything he wants to do and almost everything he needs. His school fees, field trip fees, school supplies, shoes, some clothes, any extracurricular activity he wants to do is paid by us....he's a very active child...he plays soccer, football, and baseball...all the fees and uniforms and equipment for all these sports are paid by us. We have the kids every other weekend...and most times we have them on her weekends so while her new husband is off working offshore...she can go meet her boyfriend in a hotel room in a city about 2 hours away. I get them at least 2 nights a week on Tuesday and Thursday's to make sure they get their homework done for the week because their mother doesn't always remember to make sure their homework is done.

          So even though we keep them as much as her during the week and weekends, and we pay for one of the children's school and sports fees and everything associated just like she does...but their household income is significately more than ours...how is it that we would end up paying more than we do now...cause that just makes absolutely no sense at all....

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          • #6
            I'm "the other woman" also, and I make a significant amount more than my husband. His son's mother took us to court and she knew I made a lot more money, and so she tried to get the support raised because of our household income. The court absolutely would not include my income, because I had absolutely nothing to do with the birth of their child. Therefore, I'm not sure why Louisiana would be any different and include her husband's income as part of hers in calculating the child support.

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            • #7
              Well the law varies state to state and I looked up Louisiana and it says that spouse's income is included.

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              • #8
                [QUOTE=kroberts]
                And by law a verbal agreement is binding if you have proof of the agreement. Lucky for us we have proof of the verbal agreement.
                Not that it makes a difference, but what proof? ANY agreement is null and void if the context of the agreement goes against public policy. Which their verbal agreement is. SHE has no authority to grant him permission to pay less each month. Unless the child support order actually states "$500/mo or other amount as agreed upon by both parties", the JUDGE is the only one with the authority to change it.


                Originally posted by kroberts
                Also, I looked up child support laws in Louisiana, because I know I had read somewhere in the law before about a new spouses income. Low and behold I found it. By Louisiana law they take the "income" of the paying parent vs. the "income" of the CP.
                And there is a list of what is considered "income" for purposes of child support....and like I said previously on that list it says income of a new spouse....as one of the things considered "income" for the purpose of child support.
                You're reading more into that then there actually is. When a spouses income is included when figuring child support, it is only for the pupose of determaining the total resources for the household. It is NOT used in way when actually FIGURING the support.

                Originally posted by kroberts
                Why ya'll all seemed so attacking to me because I was asking about lowering child support I don't know. I'm sure that's every CP worst thing to hear, but just because we are asking about this doesn't make us bad. He works all week so we can afford to pay her the $300 plus we also pay for one child.
                AND??? Almost EVERY parent works all week so that they can support thier child/ren. There's nothing "special" about him. What do you mean "we also pay for one child? Inaddition to the child the support is for? Where did the child come from?

                Originally posted by kroberts
                Everything he wants to do and almost everything he needs. His school fees, field trip fees, school supplies, shoes, some clothes, any extracurricular activity he wants to do is paid by us....he's a very active child...he plays soccer, football, and baseball...all the fees and uniforms and equipment for all these sports are paid by us.
                If the court order doesn't say that he has to pay for these things, stop paying for them.

                Originally posted by kroberts
                We have the kids every other weekend...and most times we have them on her weekends so while her new husband is off working offshore...she can go meet her boyfriend in a hotel room in a city about 2 hours away. I get them at least 2 nights a week on Tuesday and Thursday's to make sure they get their homework done for the week because their mother doesn't always remember to make sure their homework is done.
                1. Would you rather not see the children at all? If it is a hardship keeping them on mom's weekends don't.

                2. What she does when the children aren't around is irrelevent. First, it's none of your **** business. Secondly, Unless she invited you to come in and watch, your only ASSUMING this is happening. Finally, Even if she is having an affair, what does that have to do with child support?

                3. How do you KNOW she isn't making them do their homework?

                Originally posted by kroberts
                So even though we keep them as much as her during the week and weekends, and we pay for one of the children's school and sports fees and everything associated just like she does...but their household income is significately more than ours...how is it that we would end up paying more than we do now...cause that just makes absolutely no sense at all....
                The reason he will be paying more child support is because as it stands now, he is in arrears for all of the child support he didn't pay, even though they had, at one point, agreed he could pay less. They'll add on another $25 or so a month to the current amount of $500 that is already ordered.

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                • #9
                  Ceara said: You're reading more into that then there actually is. When a spouses income is included when figuring child support, it is only for the pupose of determaining the total resources for the household. It is NOT used in way when actually FIGURING the support.

                  Can you explain the difference please between determing resources and figuring support? Thanks.

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