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  #1  
Old 07-28-2005, 05:56 PM
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Not easy solution


undefinedWhat is the name of your state? Louisiana
My husband and I have his children 40% of the time, and would like to recalcuate CS. We pay $600 now, which is what the two parents agreed to do 5 years ago. But because now we want to help pay for car insurance for a 16 year old boy, we looked at the figures (consulted an attorney to figure) and realized that we are only obligated by the court to pay around $250 because we keep them 40% of the time. But here's the problem:
1. The mom now says that dad did not pay what he should have (maybe in the amount of $200, maybe, that is without calulating the time ratio). Can she go back on what they agreed to in a court order?
2. She gave her son a $15,000 car (it was paid off and she went and got a new car) and we can't afford car insurance on that expensive of a car, it is important that we contribute, but for a young boy, that is a pretty hefty car insurance bill. She wants us to provide the car insurance, because she provided the car (we were not told until after the fact, that she gave this car to her son) and we were informed that in order for boy to drive, we had to pick up on car insurance in addition to the $600.
3. Can she keep him form bringing that car to our house when we have him, even if we decided to go back to court and let a judge refigure the CS with time %'s and help then to pay 1/2 car insurance and split all other expenses? We would be happy to furnish child #2 with a car (since she provide #1 with car) when her time comes, but can't provide one that expensive.
4. We keep the children around 160+ days a year but she now says the children do not even want to come over as much as they do. They are teens and she moved them to another area of town, and of course they want to be close to their friends, but we enjoy them when we have them. Plus there are my 2 children still at my house when they come over, it may be alittle wild at times, but we do the best we can trying to contol 4 teens in one house.

Last edited by Want to be fair; 07-28-2005 at 06:21 PM.
  #2  
Old 07-29-2005, 03:50 AM
legalcuriosity
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Quote:
Originally Posted by Want to be fair
My husband and I have his children 40% of the time, and would like to recalcuate CS. We pay $600 now, which is what the two parents agreed to do 5 years ago. But because now we want to help pay for car insurance for a 16 year old boy, we looked at the figures (consulted an attorney to figure) and realized that we are only obligated by the court to pay around $250 because we keep them 40% of the time.
Has the custody order been changed to reflect this? If so, your husband should've filed for a modification of support. If not, he should do so ASAP.

Quote:
1. The mom now says that dad did not pay what he should have (maybe in the amount of $200, maybe, that is without calulating the time ratio). Can she go back on what they agreed to in a court order?
Possibly. IF she has proof of this.

Quote:
2. She gave her son a $15,000 car (it was paid off and she went and got a new car) and we can't afford car insurance on that expensive of a car, it is important that we contribute, but for a young boy, that is a pretty hefty car insurance bill. She wants us to provide the car insurance, because she provided the car (we were not told until after the fact, that she gave this car to her son) and we were informed that in order for boy to drive, we had to pick up on car insurance in addition to the $600.
Unless paying car insurance is in the divorce decree, the ex is under no obligation to pay the car insurance. Nor should the father pay.
This is an issue that always irks the hell outta me with parents. The CHILD should be paying THEIR OWN insurance. There are costs that go along with the responsibility of driving a car and that is being able to afford insurance. If the child can't afford to pay, then the child shouldn't be driving. It's no different than paying to put gas in your car. Period!

If both parents insist, how about the child pays 50% of the bill, the mom picks up 30% and dad 20% (since mom decided to go out and get that kinda car, she can pick up the 30%).

3. Can she keep him form bringing that car to our house when we have him, even if we decided to go back to court and let a judge refigure the CS with time %'s and help then to pay 1/2 car insurance and split all other expenses? We would be happy to furnish child #2 with a car (since she provide #1 with car) when her time comes, but can't provide one that expensive.[/quote]
That's stupid on mom's part. If the car is truly the child's (in his name), then she has no control over where the child takes the car. Also, when your hubby files for a modification, a judge is most likely not going to going consider auto insurance. The mom is going to learn quick that a price comes with a car like that, especially to a teenager.

Quote:
4. We keep the children around 160+ days a year but she now says the children do not even want to come over as much as they do. They are teens and she moved them to another area of town, and of course they want to be close to their friends, but we enjoy them when we have them. Plus there are my 2 children still at my house when they come over, it may be alittle wild at times, but we do the best we can trying to contol 4 teens in one house.
It sounds like the mom is trying to dance around the fact that CS will come down. If you have a calendar that states when you've had the children, that will help your case. But, at 16, being close to friends is pretty important at this time in their life. A Judge is most likely going to realize that and not uproot anything.
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