New baby, child's father already pays CS

[jul0317]

What is the name of your state? Nebraska

I have a new 4 month old baby and I am not currently collecting child support. The father also has another child he is paying support for in Iowa. He did not submit his financial information when that support was being set so they set him with an extremely high amount and now he can't really survive since our relationship ended... the only bill he can pay is his rent then he's left with $100 a month to live off of. I was told that even considering his dire circumstances, Iowa won't re-review his support payments because he didn't submit any financial info to begin with so he's out of luck and they won't review it until 24 months after it was set no matter what. Is this true??

Also, I heard that if I set up support for my baby that Nebraska child support will request that Iowa reviews what they are making him pay because my support would change his financial situation or something like that. Will Iowa be asked to re-review it and allow him to submit his financial information so he can have a fair amount that he pays? ((He pays $450 a month and should only be paying around $120 a month if he submitted his info)).

I need support from him but I'm more well off than he is so I don't want to force him to loose his apartment just by putting in for child support; I will only do it if Iowa will review his current case. Otherwise I'll have to wait for another year+ before they can review it.

Any info you can give me will help! Thanks!!!!!

[Proserpina]

Originally Posted by jul0317

What is the name of your state? Nebraska

I have a new 4 month old baby and I am not currently collecting child support. The father also has another child he is paying support for in Iowa. He did not submit his financial information when that support was being set so they set him with an extremely high amount and now he can't really survive since our relationship ended... the only bill he can pay is his rent then he's left with $100 a month to live off of. I was told that even considering his dire circumstances, Iowa won't re-review his support payments because he didn't submit any financial info to begin with so he's out of luck and they won't review it until 24 months after it was set no matter what. Is this true??

Why does this concern you?

Also, I heard that if I set up support for my baby that Nebraska child support will request that Iowa reviews what they are making him pay because my support would change his financial situation or something like that. Will Iowa be asked to re-review it and allow him to submit his financial information so he can have a fair amount that he pays? ((He pays $450 a month and should only be paying around $120 a month if he submitted his info)).

I need support from him but I'm more well off than he is so I don't want to force him to loose his apartment just by putting in for child support; I will only do it if Iowa will review his current case. Otherwise I'll have to wait for another year+ before they can review it.

Any info you can give me will help! Thanks!!!!!

If you file, many things will be taken into consideration; it's literally impossible to guess what Nebraska will or will not ask of Iowa (if anything). Was there a valid reason why he didn't submit the correct information when requested?

[jul0317]

Originally Posted by Dogmatique

Why does this concern you?



If you file, many things will be taken into consideration; it's literally impossible to guess what Nebraska will or will not ask of Iowa (if anything). Was there a valid reason why he didn't submit the correct information when requested?

We're not on bad terms or anything, we split up but we're still friends. I don't like to see him struggle, I would like him to be financially steady so he can have a nice home for his children to visit him, that's all.

The reason he didn't submit the information was because he was basically living on couches and wasn't being very responsible in checking his mail at the house where it was going to; totally his fault but he didn't see the request for info until it was too late. Now it's been about a year since support was set for his other child. So you don't know about any set rules/laws about Iowa having to re-review his current order if there was a separate order set?

Thanks!

[Proserpina]

Originally Posted by jul0317

We're not on bad terms or anything, we split up but we're still friends. I don't like to see him struggle, I would like him to be financially steady so he can have a nice home for his children to visit him, that's all.

The reason he didn't submit the information was because he was basically living on couches and wasn't being very responsible in checking his mail at the house where it was going to; totally his fault but he didn't see the request for info until it was too late. Now it's been about a year since support was set for his other child. So you don't know about any set rules/laws about Iowa having to re-review his current order if there was a separate order set?

Thanks!

Info on Iowa child support: [url=http://www.dhs.iowa.gov/Consumers/Child_Support/ChildSupportIndex.html]Iowa Department of Human Services[/url]


Info on Nebraska child support: [url]http://www.supremecourt.ne.gov/rules/pdf/Ch4Art2.pdf[/url]

If you can afford to raise your child without Dad's financial support by all means do so - there's no law saying you must file for child support.

[waitinMd]

Also, I heard that if I set up support for my baby that Nebraska child support will request that Iowa reviews what they are making him pay because my support would change his financial situation or something like that.

Why? Iowa should have set up child support for that child according to what the father makes. If he did not provide the information requested, the court provided it for him. You child being born AFTER this child who has child support established, does not 'lower' that child's support. The support he pays for the first child would be considered in calculating what you get, but the support he pays for your child is not calculated in the support already in place. So, in other words, your child being born does not lower the support he pays for the first child. So NO your support would NOT change his financial situation for the first child.

If the father did not submit his financial information, did not check his mail, then went on to have yet another child he couldn't afford.... well...

I just don't see why you should feel sorry for him. Sounds like he made his bed...

And yes, he can wait two years for a review... unless he has a change in his job status; laid off; reduced hours. Then he can file for a modification.

I need support from him but I'm more well off than he is so I don't want to force him to loose his apartment just by putting in for child support; I will only do it if Iowa will review his current case. Otherwise I'll have to wait for another year+ before they can review it.

You mean before you can file for it. Unless you are getting any type of state aid. Then they will go after Dad for you.

So basically you are saying if they review his financial income, base on his 'true' income, his payment to the first child would only be 120.00 a month, meaning you could file for support and get funds.

[jul0317]

Originally Posted by waitinMd

Why? Iowa should have set up child support for that child according to what the father makes. If he did not provide the information requested, the court provided it for him. You child being born AFTER this child who has child support established, does not 'lower' that child's support.

If the father did not submit his financial information, did not check his mail, then went on to have yet another child he couldn't afford.... well...

I just don't see why you should feel sorry for him. Sounds like he made his bed...

Thanks for the feedback, it helps to hear info from real people other than the customer service ppl who won't explain anything b/c they're too busy. I understand what you're saying and it would make total sense to me if he submitted his financial proof, why would Iowa lower it? That wouldn't be right or fair for the first child. But what doesn't make sense to me is that they won't look at his true finances for 2 yrs because he missed their first request for info; now me and my child will have less $ because of one simple administrative issue. If they would make it so if the non-custodial parent misses the initial request for info, they would have to pay a fee, maybe $500 or something, to have a second chance at letting them review it for a fair amount of support. He pays $450 instead of $120 just because of some stupid paperwork issue. That not only affects him, it affects me, our daughter, and his first daughter. Everyone else in the world in basically every situation gets a second chance; just because fathers pay child support doesn't mean they dont or that they're bad people.

Here's another example..... when I was a kid, my dad didn't pay his child support. (CSS didn't do anything except take his license occasionally but he'd make one payment and would get it back.. He owed my mom over $20k when he passed away) anyways, my mom was in a very hard place financially.. she was a single mother with 4 kids struggling on her own. As she had to work over 70 hrs a week, she had some problems raising us unruley teens. I got into some trouble with skipping school and other things; I had a court date and my mom asked the courts for help. So, they sent me to juvenille for 30 days and I ended up in a foster home. Anyways.. my mom had to pay the state for child support. She was in the process of finding a new place to live, most of her belongings were in her car. A court date was scheduled to set the support order she had to pay. She misplaced the paper with the court date, went to court the next day and was told it was already set. They set it for $390 a month-- thats $4680! She calculated what she would of had to pay had she been at court and it should have been $110--thats a difference of $3360! For a single mom of 4 thats a big deal. She never asked for any sympathy, she knew she screwed up, but some people deserve a little slack in this world, especially when they're down! Sorry so long, just very passionate about the seriously screwed up system..

Another thing about my situation; the mother of his other child in Iowa; she doesn't work because she just doesn't want to, she has 2 other kids, she's on Welfare, WIC, gets section 8 housing, food stamps, and god knows what else AND $450/month from him. She doesn't buy her daughter any new clothes, comes from the good will or something. And everytime he picks her up he tells me about something new she bought, BIG screen tv, brand new furniture, hair done, nails done, etc.. Meanwhile the father doesn't qualify for any type of assistance, works 60hrs a week to barely get by, can't afford to buy food all because he didn't submit paperwork. Now someone tell me this system isn't screwed!

[Proserpina]

[b]But what doesn't make sense to me is that they won't look at his true finances for 2 yrs because he missed their first request for info; now me and my child will have less $ because of one simple administrative issue.

You said you didn't need the $....yes?

If they would make it so if the non-custodial parent misses the initial request for info, they would have to pay a fee, maybe $500 or something, to have a second chance at letting them review it for a fair amount of support. He pays $450 instead of $120 just because of some stupid paperwork issue. That not only affects him, it affects me, our daughter, and his first daughter.

Again, I thought you didn't need the money - ergo this should not affect YOUR child at all, surely?

Everyone else in the world in basically every situation gets a second chance; just because fathers pay child support doesn't mean they dont or that they're bad people.

Well..it kind of does...for either gender.

Here's another example..... when I was a kid, my dad didn't pay his child support. (CSS didn't do anything except take his license occasionally but he'd make one payment and would get it back.. He owed my mom over $20k when he passed away) anyways, my mom was in a very hard place financially.. she was a single mother with 4 kids struggling on her own. As she had to work over 70 hrs a week, she had some problems raising us unruley teens. I got into some trouble with skipping school and other things; I had a court date and my mom asked the courts for help. So, they sent me to juvenille for 30 days and I ended up in a foster home. Anyways.. my mom had to pay the state for child support. She was in the process of finding a new place to live, most of her belongings were in her car. A court date was scheduled to set the support order she had to pay. She misplaced the paper with the court date, went to court the next day and was told it was already set. They set it for $390 a month-- thats $4680! She calculated what she would of had to pay had she been at court and it should have been $110--thats a difference of $3360! For a single mom of 4 thats a big deal. She never asked for any sympathy, she knew she screwed up, but some people deserve a little slack in this world, especially when they're down! Sorry so long, just very passionate about the seriously screwed up system..

Yes, I can see that you're angry at the system. But this isn't relevant.

Another thing about my situation; [b]the mother of his other child in Iowa; she doesn't work because she just doesn't want to, she has 2 other kids, she's on Welfare, WIC, gets section 8 housing, food stamps, and god knows what else AND $450/month from him. She doesn't buy her daughter any new clothes, comes from the good will or something. And everytime he picks her up he tells me about something new she bought, BIG screen tv, brand new furniture, hair done, nails done, etc..

You know this how? Why does it matter? Remember, you told us that you don't need Dad's financial support. Why is this even an issue for you?

Meanwhile the father doesn't qualify for any type of assistance, works 60hrs a week to barely get by, can't afford to buy food all because he didn't submit paperwork. Now someone tell me this system isn't screwed!

May I ask why Dad himself isn't asking these questions? After all you have absolutely NOTHING to do with the other mother or their children.

What's the real story here?

[Hisbabygirl77]

Originally Posted by Dogmatique

You said you didn't need the $....yes?



Again, I thought you didn't need the money - ergo this should not affect YOUR child at all, surely?



Well..it kind of does...for either gender.



Yes, I can see that you're angry at the system. But this isn't relevant.



You know this how? Why does it matter? Remember, you told us that you don't need Dad's financial support. Why is this even an issue for you?



May I ask why Dad himself isn't asking these questions? After all you have absolutely NOTHING to do with the other mother or their children.

What's the real story here?

Dog, your so silly. Cant you see that this is his girlfriend and mother of his child and they are trying to find a way to lower his support to first child. So this one says hey wait! Lets try getting child support set up for our daughter act like we arent together hopefully that will be calculated and lower the first babies mom's support and then the money will just go back to us through child support for second child. Really dog its all so simple!

[Proserpina]

Originally Posted by Hisbabygirl77

Dog, your so silly. Cant you see that this is his girlfriend and mother of his child and they are trying to find a way to lower his support to first child. So this one says hey wait! Lets try getting child support set up for our daughter act like we arent together hopefully that will be calculated and lower the first babies mom's support and then the money will just go back to us through child support for second child. Really dog its all so simple!

My irrepressible optimism is obviously misguided

[waitinMd]

Originally Posted by jul0317

He pays $450 instead of $120 just because of some stupid paperwork issue. That not only affects him, it affects me, our daughter, and his first daughter.

yes the first child will get LESS... which is a negative affect!

Everyone else in the world in basically every situation gets a second chance; just because fathers pay child support doesn't mean they dont or that they're bad people.

he didn't get second chances when he choose to get two women pregnant..."oh no, forgot protection, let me try this again"...
hopefully people who have a child and have a difficult time affording them, try everything to keep from creating another one they can't afford.

Meanwhile the father doesn't qualify for any type of assistance, works 60hrs a week to barely get by, can't afford to buy food all because he didn't submit paperwork. Now someone tell me this system isn't screwed!

ok, now you are BS.... how can he work 60 hours a week, and only pay 120 a month.... if you calculate at minimum wage, working 40 hours, he would pay more than 120 a month! You said the MOM is on state aid, so he is NOT paying for medical.... she does not work.... oops NO day care.....

[jul0317]

Originally Posted by Dogmatique

You said you didn't need the $....yes?



Again, I thought you didn't need the money - ergo this should not affect YOUR child at all, surely?



Well..it kind of does...for either gender.



Yes, I can see that you're angry at the system. But this isn't relevant.



You know this how? Why does it matter? Remember, you told us that you don't need Dad's financial support. Why is this even an issue for you?



May I ask why Dad himself isn't asking these questions? After all you have absolutely NOTHING to do with the other mother or their children.

What's the real story here?

Try again, I do need the money but for now I'm getting by, try reading what I actually wrote instead of judging me blindly. If you truly believe that someone who pays child support is a bad person I'm afraid of what you teach your children. I feel sorry for them. And I know about his other daughters mother because I talk to her all the time, been in her house, seen all her kids, and she's told me exactly what she does! It's an issue because she's a fraud and she's basically stealing $ from the state because she wants to be fat and lazy. Trust me on this one, her own family knows this too. And Dad is asking these questions, theres not much he can do about what she does and how she takes care of her kids. Yes this is my business, it affects me and my daughter. I'm sorry something bad happened to you to make you look at the world in such a negative way. Good luck to you and your children. Thanks.

[jul0317]

Originally Posted by Hisbabygirl77

Dog, your so silly. Cant you see that this is his girlfriend and mother of his child and they are trying to find a way to lower his support to first child. So this one says hey wait! Lets try getting child support set up for our daughter act like we arent together hopefully that will be calculated and lower the first babies mom's support and then the money will just go back to us through child support for second child. Really dog its all so simple!

Thats hilarious! Like I said to the dog, try reading what I actually wrote; you can see that I talked about him paying for HIS apartment. We're not together. Just because I care about the well being of the father of my child doesn't mean we're together. Sorry but every ex in this world doesn't have to be a bitter wench. Thats pretty simple to me. Thanks

[jul0317]

Originally Posted by waitinMd

yes the first child will get LESS... which is a negative affect!



he didn't get second chances when he choose to get two women pregnant..."oh no, forgot protection, let me try this again"...
hopefully people who have a child and have a difficult time affording them, try everything to keep from creating another one they can't afford.



ok, now you are BS.... how can he work 60 hours a week, and only pay 120 a month.... if you calculate at minimum wage, working 40 hours, he would pay more than 120 a month! You said the MOM is on state aid, so he is NOT paying for medical.... she does not work.... oops NO day care.....

The only negative effect his other daughter has is a lazy no good mother. You talk like we were pregnant at the same time or something.. wow. Nope sorry, my daughter is 4 months old and the other child is 4 yrs old. So, you think that because a relationship didn't work and the father pays child support means he has no right to have other children. Yes, he can afford to take care of them once CS stops robbing him.

And YES, there IS day care. She gets state aid for child care, title 20, so she doesn't pay a dime and drops her kids off there everyday so she can sit on her fat butt all day. I know this because she told me. Thanks. Good job trying to make snap judgements on people you know nothing about. Must make you feel good about yourself, huh. Being bitter doesn't bring happiness. Judging other people shows that you're just not ok with yourself. So good luck to you too.

[IsabellaSoriano]

i don't understand what your problem is and what answer it is your looking for.

you don't want dad to suffer. so then don't file for child support.

that is the ONLY thing you can do.

dad will still owe child support for the first child. it won't go away until the child is 18. regardless of how fat and lazy OR skinny and hardworking mom is. it's there. not going anywhere.

and no matter haw many subsequent children dad decides to have, he will still owe child support. for every additional child he has, he needs an additional full time job. that's his reality.

[jul0317]

Originally Posted by IsabellaSoriano

i don't understand what your problem is and what answer it is your looking for.

you don't want dad to suffer. so then don't file for child support.

that is the ONLY thing you can do.

dad will still owe child support for the first child. it won't go away until the child is 18. regardless of how fat and lazy OR skinny and hardworking mom is. it's there. not going anywhere.

and no matter haw many subsequent children dad decides to have, he will still owe child support. for every additional child he has, he needs an additional full time job. that's his reality.

The problem is that he is paying hundreds more than he should be paying because he didnt submit his financial info. I was trying to see if there was a way he could get it reviewed; whether I had to set up child support right now or wait. My daughter is little, the only thing she needs is diapers so I can hold off on it for now. And when I do need his child support, if he's paying her an obscene amount there's not going to be any left for my daughter. Of course it's not going away, but it needs to be changed so he can at least afford the basics of life. I did get an answer from another message board that seems to have people that WILL give out their law knowledge. Thanks to everyone for their opinions, but I'm good now. I got an answer that was helpful. I'll post it here incase there's someone out there looking for help... That's what this website is for right? If I'm wrong, please feel free to set me straight! Thanks!!

Once your baby's daddy had another child with you there is a MATERIAL CHANGE in his income and financial situation that is demonstrable to the court. Thus he can ask for a change in child support.

If you will refer to Iowa statute 252k.206 You will see that the:

"1. A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.

2. A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply section 252K.316 to receive evidence from another state and section 252K.318 to obtain discovery through a tribunal of another state.

3. A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state."

The tribunal has the authority to enforce or modify an order. The Court can do so at it's discretion. I'm sure there are rules that keep divorced couples and other parents from pestering the court continually for modifications. HOWEVER if there is due cause the court has the authority to modify the order EVERY DAY.