What is the name of your state (only U.S. law)? KY & OH
My husband has a 9 year old daughter with a woman who has 4 other kids (not my husbands). She is unemployed and lives on the SSDI from her 14 year old (for ADHD, of all things) as well as child support for all of them - rent is paid by the state, as is food, utilities, etc. She is bringing in, after rent/utility money/food money and cash, about twice what we are bringing in together - and she doesn't lift a finger for it. She willingly volunteered all this info to my husband a couple weeks ago. My husband pays his portion of the child support religiously, has never been late (not so much as a dime) and often is ahead by a few weeks. We recently got notice that she thinks she's not getting enough money from my husband and wants more so a review has been ordered. For informational purposes, we are a mixed family with no common children. I have 2 from a previous marriage (they live with us) and he has 1 from this situation. We live in OH and she lives in KY, the child support order is in KY.
While I know no one can tell me what will happen with any certainty, we are looking for advice from someone with experience in these matters in KY &/or OH. The questions I have are:
1. What (besides income) is considered when modifying these orders? For instance, my husband is diabetic (was diagnosed AFTER the initial child support order) and we spend at least $200/mo after insurance on medications and doctors. We are also living paycheck to paycheck right now, (we literally often only have $50-60/week for groceries and gas) and are currently going through a mortgage modification because of job loss. He works 40 hours a week, I have 2 jobs (about 24 hrs/wk) and I'm in school full time (half way done) for a bachelors in nursing. As it is, we are in the red every month and can prove it - we have been working with a credit counseling agency on our budget and to save our home. We are able to produce our budget worksheets in court next week (the child support modification hearing is on 9/8/10). If his child support increases significantly we WILL lose our home. It is certain. I have used KY's child support calculation forms and it looks like my husband's obligation will quadruple. Yes, 400%. This leads me to my next question.
2. Is there a limit to how much child support can increase at any one time? Will they actually raise his weekly obligation by 400%? I used the calculation forms available on KY's CSE website and that was the number I came up with. I did it twice to be sure. Is there anything we can do to prevent this as this will, without a doubt, create a serious hardship for us? Don't get me wrong - he has an obligation to his daughter and will meet it willingly, but at when this becomes an issue that will cause us to lose our home it is too much. Part of the reason his child support will quadruple (according to the forms) is because last time it was calculated he was making $4/hr less than he is now and she was on full welfare so all of his child support went to the state to reimburse them for her welfare usage.
3. He carries (and always has) medical, dental and vision insurance for his child. Will they factor his cost into what he pays? In other words, will they deduct the child's portion of the premium amounts from his payments to child support?
4. This is a child that resulted from a one-night stand (before 'we' got serious), all 5 of her kids have different fathers. They were never married, etc. There is NO court ordered custody involved. From what I can tell, in KY, they each have equal rights to the child since there is no custody agreement, court ordered or otherwise. We live in OH, she lives in KY. She has had many civil/criminal/domestic court & legal issues, even nearly losing her kids earlier this year after an issue involving a boyfriend, a gun and her kid showing up in school with a black & blue face - of which we learned well after the fact. She is a piss-poor mother who clearly only keeps having kids because she can live for free and bring in a ton of money in child support & welfare payments. We try to spend as much time as possible with his daughter, but it becomes difficult because the mom will up and move with no notice (she's on home #4 already this year) and we then have to spend months tracking her down to spend time. We, on the other hand, own our home, we both have jobs, no criminal or other court related issues, my kids have excellent attendance and grades in school, we are active in our community and we have moved only 1 time in the past 9 years - to buy a house. If we decide to pursue custody, do we file in OH or KY? Also, if we file for custody, due to there being no custody order at this time, do we have to prove her unfit or is it basically just establishing custody now?
We would love to have his daughter move in with us. We want to give her a good, stable home. It really hurts when she is here and we have to take her home. She doesn't even want to go home, but my husband doesn't want to get into any kind of trouble for not taking her home. We just don't know what to do, and now the mom is trying to slam us with the money issue.
I know this is a lot and I hope I put it in the right place, but we are desperate for help/advice. We would really love to hear from someone who has experience with KY child support and custody matters.
Thanks in advance!What is the name of your state (only U.S. law)?