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  • Any advice at all?

    I will try to keep this short.

    Husband is divorced. He and ex have 4 children. She is custodial parent. She lives in Florida and we live in Maryland. Agreement is in place. He pays her $2000 per month in Child Support and $500 out of his Military retirement.

    She knows that he is making considerably more money and is taking him back to court. The difference is now we have a mortgage, car payments and I am expecting a child in December. The daycare at my place of employment is $560 every two weeks, so $1,020 per month. Between our mortgage, car payments, future daycare, plus with flying the kids to Maryland several times per year (around $6000 annually), there isn't a lot of extra money.

    We can't seem to find a lawyer that is aggressive enough. Somehow, in the first agreement, she got away with not claiming the $500 from the retirement as part of her income and he didn't get to exclude it from his income!

    She is very difficult to deal with. She will not communicate with my husband. The kids never have called him in the 5 years they have been apart. She is always yelling at the kids and she doesn't keep a close eye on them. There are countless examples that illustrate that the kids are not in the best care. Save the "she's a single mom". She made the choice to leave him. She was unfaithful. She's not emotionally stable either. She harrasses me via email. She's just plain weird. The kids love us and cry when they have to go back home, but Florida does not allow the kids to decide which parent to live with.

    I am concerned that we are going to have to sell our cars... our house if she should get more money. Will the courts take into consideration all of these expenses?

    Anyone know a good lawyer in Tampa/ St. Petersburg Florida?
    Last edited by mbandy; 05-04-2006, 11:11 AM.

  • #2
    Originally posted by mbandy
    I will try to keep this short.

    Husband is divorced. He and ex have 4 children. She is custodial parent. She lives in Florida and we live in Maryland. Agreement is in place. He pays her $2000 per month in Child Support and $500 out of his Military retirement.

    She knows that he is making considerably more money and is taking him back to court. The difference is now we have a mortgage, car payments and I am expecting a child in December. The daycare at my place of employment is $560 every two weeks, so $1,020 per month. Between our mortgage, car payments, future daycare, plus with flying the kids to Maryland several times per year (around $6000 annually), there isn't a lot of extra money.

    We can't seem to find a lawyer that is aggressive enough. Somehow, in the first agreement, she got away with not claiming the $500 from the retirement as part of her income and he didn't get to exclude it from his income!

    She is very difficult to deal with. She will not communicate with my husband. The kids never have called him in the 5 years they have been apart. She is always yelling at the kids and she doesn't keep a close eye on them. There are countless examples that illustrate that the kids are not in the best care. Save the "she's a single mom". She made the choice to leave him. She was unfaithful. She's not emotionally stable either. She harrasses me via email. She's just plain weird. The kids love us and cry when they have to go back home, but Florida does not allow the kids to decide which parent to live with.

    I am concerned that we are going to have to sell our cars... our house if she should get more money. Will the courts take into consideration all of these expenses?

    Anyone know a good lawyer in Tampa/ St. Petersburg Florida?
    here is a link to child support guidelines for all of the states.

    www.supportguidelines.com

    click on main
    click on "online support guidelines"
    click on the state
    click on "worksheet"

    As you scroll down the worksheet, there will be a list of what is considered forms of income, and what can be deducted from the income when entering it into the worksheet.

    as to florida taking into consideration your mortgage, et al: no.
    However, a florida judge is allowed to deviate up to 5% from what would usually be ordered (either more or less).
    Last edited by mommyof4; 05-04-2006, 11:40 AM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      Thank you! Unfortunately, the worksheet is damaged and will not open

      So, what I'm understanding is that the law has no problem with her being a sponge, no problem with her being jobless, even though she is a certified personal trainer and masseus, no problem with her not doing her part by getting a job?

      So, will she be able to modify agreements whenever she gets the urge?

      Comment


      • #4
        Originally posted by mbandy
        Thank you! Unfortunately, the worksheet is damaged and will not open

        So, what I'm understanding is that the law has no problem with her being a sponge, no problem with her being jobless, even though she is a certified personal trainer and masseus, no problem with her not doing her part by getting a job?

        So, will she be able to modify agreements whenever she gets the urge?
        Hmm, the sheet just opened for me. after you click on the state, click on chid support enforcement.

        Anyway, her earning potential can be imputed into any sort of cs order. So, if she has held a job, her past income can be used for what she is capable of making. If she has specific training for a cetain field, the going rate can be imputed for her income. If nothing else, her income can be imputed at minium wage X 40 hrs. a week to get a base income level for her.

        EITHER parent can request a review of the case every three years. If you ask for a review before the three year mark, it can only be done if there is a substantial change of circumstances.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          Thanks again! You are very helpful. I've read your other posts, too.

          Well, she just quit her job and then was asking to borrow money. When my husband refused to lend it to her, she threatened court. I believe that she is serious and we fear paying her more money. We won't have enough to fly the kids here for visits. We pay for a lot of extras for them and that will have to stop, too. I am concerned that the court will force visitations and increase her amount and then we will be struggling.

          What a mess this is!

          Comment


          • #6
            Originally posted by mommyof4
            Hmm, the sheet just opened for me. after you click on the state, click on chid support enforcement.

            Anyway, her earning potential can be imputed into any sort of cs order. So, if she has held a job, her past income can be used for what she is capable of making. If she has specific training for a cetain field, the going rate can be imputed for her income. If nothing else, her income can be imputed at minium wage X 40 hrs. a week to get a base income level for her.

            EITHER parent can request a review of the case every three years. If you ask for a review before the three year mark, it can only be done if there is a substantial change of circumstances.

            Mommyof4, Wouldn't they be able to use the emails ex has sent if they are threatening or harassing in court to file for modification of custody?



            Mbandy, Is your husband wanting custody or just to keep the CS the same?

            Comment


            • #7
              Originally posted by krystaleviolette
              Mommyof4, Wouldn't they be able to use the emails ex has sent if they are threatening or harassing in court to file for modification of custody?



              Mbandy, Is your husband wanting custody or just to keep the CS the same?
              Well, they could if they had any other evidence to go along with it. While you and I may think it is harassment, the most a judge would probably do is agree that it is bothersome, but it is not enough to warrant a modification of custody.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                My husband would love custody, but he's been told it's a lost cause.

                Comment

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