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Ex-wife pregnant and she wants to file for CS.

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broguearcher

Junior Member
What is the name of your state (only U.S. law)? = Pennsylvania

My ex-wife and I have been divorced since 2006.

We share joint custody of our two boys. I pay for all of their medical insurance and we split all other costs 50/50.

She is remarried and so am I. She is now pregnant (very early in the pregnancy). She is claiming that the she is sick "24/7" due to the pregnancy and may have to go on disability from work. She has stated that she is considering filing for child support as an option to get more income. Her husband barely works so they rely primarily on her income.

I currently earn about $5,000 a year more than she does.

My concern is this: can she use this pregnancy as a legitimate excuse to quit work and then get child support from me? She was awarded CS in the past when I earned more than she did but then the CS was dropped when my own income became lower than hers for over a year.

thanks for the help and let me know if additional information is needed.

Sam
 


mistoffolees

Senior Member
Let's get a few things straight:
1. Child support is not income. It is reimbursement for expenses. When you are paying her child support, she is not making money from it.
2. Both parents are legally and morally obligated to take care of their kids. Even if she's making a boatload of money, you still have an obligation to help support the child(ren) according to state guidelines. Even if you have the child 50% of the time, the fact that your income is higher means that you should be paying some support. The medical insurance might cover that, but you'd have to run the numbers.

What is the actual time share?

If circumstances have changed, she has every right to ask for a modification of child support - and will almost certainly get it. If her income drops involuntarily, then it can affect CS. Of course, as soon as she's back at work, you can ask for another modification (sometimes there's a time limit as to how frequently it can be modified).

You can look up what you should be paying here:
Pennsylvania Child Support Calculator - AllLaw.com
 

broguearcher

Junior Member
Let's get a few things straight:
1. Child support is not income. It is reimbursement for expenses. When you are paying her child support, she is not making money from it.
2. Both parents are legally and morally obligated to take care of their kids. Even if she's making a boatload of money, you still have an obligation to help support the child(ren) according to state guidelines. Even if you have the child 50% of the time, the fact that your income is higher means that you should be paying some support. The medical insurance might cover that, but you'd have to run the numbers.

What is the actual time share?

If circumstances have changed, she has every right to ask for a modification of child support - and will almost certainly get it. If her income drops involuntarily, then it can affect CS. Of course, as soon as she's back at work, you can ask for another modification (sometimes there's a time limit as to how frequently it can be modified).

You can look up what you should be paying here:
Pennsylvania Child Support Calculator - AllLaw.com
You seem a little defensive... I'm not one of "those dads" looking to get out of taking care of their children. I do A LOT with them... take them to virtually all their doctor appointments, etc... I just don't want to see their mother taking money because she has a husband that won't work much and end up spending the money on things other than the children.

I understand that it's not actually "income" but that's what it has been used as by her in the past. My boys did not get that money used entirely for their benefit.

the time share is 50%/50%.
 
Last edited:

Alex1176

Member
Let's get a few things straight:
1. Child support is not income. It is reimbursement for expenses. When you are paying her child support, she is not making money from it.
2. Both parents are legally and morally obligated to take care of their kids. Even if she's making a boatload of money, you still have an obligation to help support the child(ren) according to state guidelines. Even if you have the child 50% of the time, the fact that your income is higher means that you should be paying some support. The medical insurance might cover that, but you'd have to run the numbers.

What is the actual time share?

If circumstances have changed, she has every right to ask for a modification of child support - and will almost certainly get it. If her income drops involuntarily, then it can affect CS. Of course, as soon as she's back at work, you can ask for another modification (sometimes there's a time limit as to how frequently it can be modified).

You can look up what you should be paying here:
Pennsylvania Child Support Calculator - AllLaw.com
Does getting pregnant is a circumstance "beyond her control"?
 

mistoffolees

Senior Member
Does getting pregnant is a circumstance "beyond her control"?
No. But being disabled while pregnant is beyond her control. Most people have normal pregnancies that don't interfere with their work. If she wanted a reduction for the 2 weeks she's out for having a baby, I'd agree that it's voluntary and she shouldn't be able to get it. But if she's unable to work for many months, that's involuntary.

EXACTLY my point!! She had control over there. She is also known for being overly dramatic and I suspect that she may not actually need bedrest/disability.
Yes, of course. You have the right to insist that she provide documentation that she's disabled. If you're paying attention and object to hearsay, no court is going to accept her word that "I can't work for 6 months".

If she can provide the documentation, then she can probably get a temporary reduction (and you could get it recalculated after she's able to work). If she can't provide documentation, then she doesn't have grounds for a recalculation, so you have nothing to worry about.
 

dmcc10880

Member
First, to qualify for disability, an MD needs to affirm that working during her pregnancy will harm her health and the welfare of the unborn child. Morning sickness is not a disability.

Second, if she voluntarily quits her job and attempts to modify child support, her potential income (based on historical data) can be imputed, nullifying any change in your support obligations.

On a side twist here, why don't you offer to take full custody of your children during her pregnancy as since she's "so sick" she's likely not able to care for the children.
 
First, to qualify for disability, an MD needs to affirm that working during her pregnancy will harm her health and the welfare of the unborn child. Morning sickness is not a disability.

Second, if she voluntarily quits her job and attempts to modify child support, her potential income (based on historical data) can be imputed, nullifying any change in your support obligations.

On a side twist here, why don't you offer to take full custody of your children during her pregnancy as since she's "so sick" she's likely not able to care for the children.
Morning sickness CAN be a disability, and I was out on disability for Hyperemesis gravidarum (or extreme, life threatening morning sickness) when pregnant.
 

tuffbrk

Senior Member
Well she hasn't said she is quitting her job. She said may need to go out on disability from work. Depending on if there is private disability or state will certainly impact how much of her salary she will be paid during the disability timeframe.

Realistically it will be less than her salary and she still has two boys to feed and clothe. However, this is a temporary situation. Perhaps you can offer a temporary solution that does not involve the courts.

Certainly, if the courts are involved, I would think that your attorney would know how to best manage the judge's view of a temporary disability situation.
 

broguearcher

Junior Member
Well she hasn't said she is quitting her job. She said may need to go out on disability from work. Depending on if there is private disability or state will certainly impact how much of her salary she will be paid during the disability timeframe.

Realistically it will be less than her salary and she still has two boys to feed and clothe. However, this is a temporary situation. Perhaps you can offer a temporary solution that does not involve the courts.

Certainly, if the courts are involved, I would think that your attorney would know how to best manage the judge's view of a temporary disability situation.
I agree with you! and we have offered to buy any items the boys need such as clothes, food, etc... she has refused that offer stating that those items "are budgeted for, it's the other things we can't afford"... what exactly does that mean?! She wants the cash.
 

broguearcher

Junior Member
First, to qualify for disability, an MD needs to affirm that working during her pregnancy will harm her health and the welfare of the unborn child. Morning sickness is not a disability.

Second, if she voluntarily quits her job and attempts to modify child support, her potential income (based on historical data) can be imputed, nullifying any change in your support obligations.

On a side twist here, why don't you offer to take full custody of your children during her pregnancy as since she's "so sick" she's likely not able to care for the children.
we have considered doing that. I don't want to harm the boys though -- they do love their mom... and they should. I do however think that this would be an opportunity to get primary custody.
 

mistoffolees

Senior Member
we have considered doing that. I don't want to harm the boys though -- they do love their mom... and they should. I do however think that this would be an opportunity to get primary custody.
And you would probably be wrong. Unless there's a lot more that you're not telling us, your chances of changing custody while Mom is pregnant are slim.

It does, however, tell us where your priorities are. As long as you can get your way, who cares what happens to the kids, right? :rolleyes:
 

dmcc10880

Member
And you would probably be wrong. Unless there's a lot more that you're not telling us, your chances of changing custody while Mom is pregnant are slim.

It does, however, tell us where your priorities are. As long as you can get your way, who cares what happens to the kids, right? :rolleyes:
Your comments are just whacked. Mom is on disability due to pregnancy, which has not be substantiated :rolleyes:, Obviously if that's the case, she can't take care of the kids. Why can't dad gain custody?
 
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