CP pays child support to NCP?

[Cantbe]

What is the name of your state (only U.S. law)? California
My ex has 28% physical custody of our 10 year old. I have sole legal, because he is a recovering addict with occasional relapses. For 4 years he had only 8-10 hours/wk supervised visitation. All this time he paid $69 child support/mo., even though for at least 3 years he made $200,000+/yr. I never went for more support, because as long as I can manage I'd rather have peace. Now he's broke, claims to make 0 money. Still lives in a condo overlooking the beach and drives a Jaguar. He now is threatening to sue me for child support. The online calculators (all different) suggest that I may have to pay anywhere from $100-300/mo. Is child support calculation really that B&W, or is there anything I can argue. I make enough to get by with extra to pay for music lessons, sports, etc., but have no savings, nothing left at the end of the month. I pay and have always paid for 100% of all child expenses, i.e. childcare, camps, music lessons, sports, chess club, all clothes, etc. etc..... Can I request that he pay for 50% of childcare and summer camp expenses (which would then balance out the child support). He is highly educated and should be able to work. Can I request that his income be computed at least at minimum wage, which he could surely earn? Does he have to show how he pays his rent etc.? Paying him child support causes hardship for me and our son. It doesn't seem right.
Any suggestions?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California
My ex has 28% physical custody of our 10 year old. I have sole legal, because he is a recovering addict with occasional relapses. For 4 years he had only 8-10 hours/wk supervised visitation. All this time he paid $69 child support/mo., even though for at least 3 years he made $200,000+/yr. I never went for more support, because as long as I can manage I'd rather have peace. Now he's broke, claims to make 0 money. Still lives in a condo overlooking the beach and drives a Jaguar. He now is threatening to sue me for child support. The online calculators (all different) suggest that I may have to pay anywhere from $100-300/mo. Is child support calculation really that B&W, or is there anything I can argue. I make enough to get by with extra to pay for music lessons, sports, etc., but have no savings, nothing left at the end of the month. I pay and have always paid for 100% of all child expenses, i.e. childcare, camps, music lessons, sports, chess club, all clothes, etc. etc..... Can I request that he pay for 50% of childcare and summer camp expenses (which would then balance out the child support). He is highly educated and should be able to work. Can I request that his income be computed at least at minimum wage, which he could surely earn? Does he have to show how he pays his rent etc.? Paying him child support causes hardship for me and our son. It doesn't seem right.
Any suggestions?

I wouldn't worry too much about you having to pay him child support. Yes you can request his income be imputed. Depending on the age of the child, you can request child care.

 

[Proserpina]

What is the name of your state (only U.S. law)? California
My ex has 28% physical custody of our 10 year old. I have sole legal, because he is a recovering addict with occasional relapses. For 4 years he had only 8-10 hours/wk supervised visitation. All this time he paid $69 child support/mo., even though for at least 3 years he made $200,000+/yr. I never went for more support, because as long as I can manage I'd rather have peace. Now he's broke, claims to make 0 money. Still lives in a condo overlooking the beach and drives a Jaguar. He now is threatening to sue me for child support. The online calculators (all different) suggest that I may have to pay anywhere from $100-300/mo. Is child support calculation really that B&W, or is there anything I can argue. I make enough to get by with extra to pay for music lessons, sports, etc., but have no savings, nothing left at the end of the month. I pay and have always paid for 100% of all child expenses, i.e. childcare, camps, music lessons, sports, chess club, all clothes, etc. etc..... Can I request that he pay for 50% of childcare and summer camp expenses (which would then balance out the child support). He is highly educated and should be able to work. Can I request that his income be computed at least at minimum wage, which he could surely earn? Does he have to show how he pays his rent etc.? Paying him child support causes hardship for me and our son. It doesn't seem right.
Any suggestions?

A hardship?

 

[CourtClerk]

A hardship?

Are you asking her whether she qualifies for a hardship deduction? Or are the bolded things are creating a hardship for her?

Chess club, music lessons, camp, etc. are all optional, however if he makes zero, he could theoretically qualify for a low income deduction.

 

[birdbrain53]

Run the calculator again with his former $200K income. Ask that the court impute income since he was obviously able to get a high income and still is able to maintain his lifestyle with "no income".

You might want to file for a review of child support preemptively.

 

[dmcc10880]

He will actually be doing you a huge favor by filing to modify child support. At least you can get off your rear and file your own motion.

The court can definitely impute income to him. In preparation for your day in court, subpoena your ex's pay stubs and tax returns for the past three years, a listing of all assets and debts, property leased, professional licenses if any, job and wage history, etc..

In addition to child support, you might as well request the order be modified to help you with child care and extra curricular activity costs.

Good luck.

 

[Proserpina]

Are you asking her whether she qualifies for a hardship deduction? Or are the bolded things are creating a hardship for her?

Chess club, music lessons, camp, etc. are all optional, however if he makes zero, he could theoretically qualify for a low income deduction.

The second.

 

[Cantbe]

Thank you All!

Haven't been here in a while. But thank you all for your advise. I feel a little more relaxed now.
I do want to clarify the "hardship" reference. I will not be in a situation where I can't put food on the table, so maybe I used the wrong term, but my "extra" money pays for my sons activities. If I could not afford the chess club for example because I simply don't make enough money, I would not call that "hardship". If I'm paying for my ex's ocean view and luxury car and therefore can't afford the chess club, etc. anymore.....there's something wrong with that picture! So, I really didn't mean to be insensitive by using the word "hardship" losely! I got the sarcasm and I guess I deserved it.