Taking me for more money. Help

[TimFletcher04]

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

I am recently divorced and I pay Child Support. My ex doesn't have a job so she relies soley on the child support. My income is stated to give her 1500 a month but we agreed on 1000. A little backround: I gave her everything in the divorce and I took all the bills. So I am paying a grand a month in child support. I am making the car payment which she has. Thats 420 a month. Car insurance for her which is 100 a month. Also for the kids to go to catholic school which happened after the divorce and that is 250 a month. I am paying more than my fair share but the lady at domestics told her she could still get the 1500 a month and make me pay for everything else since I am already paying for it. So now she wants to take me back to court. I can barely pay all the stuff I am pay for including taking care of myself, let alone giving her more money. Any advice? Will the court honor the previous agreement considering everything else I am paying for? Can I make them add an income for her at FT min wage like they would do if i didnt work?

 

[Proserpina]

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

I am recently divorced and I pay Child Support. My ex doesn't have a job so she relies soley on the child support. My income is stated to give her 1500 a month but we agreed on 1000. A little backround: I gave her everything in the divorce and I took all the bills. So I am paying a grand a month in child support. I am making the car payment which she has. Thats 420 a month. Car insurance for her which is 100 a month. Also for the kids to go to catholic school which happened after the divorce and that is 250 a month. I am paying more than my fair share but the lady at domestics told her she could still get the 1500 a month and make me pay for everything else since I am already paying for it. So now she wants to take me back to court. I can barely pay all the stuff I am pay for including taking care of myself, let alone giving her more money. Any advice? Will the court honor the previous agreement considering everything else I am paying for? Can I make them add an income for her at FT min wage like they would do if i didnt work?

The court can absolutely make you pay the full amount.

You can absolutely request that Mom is imputed full time wages.

 

[ecmst12]

Does the COURT ORDER say you are to pay $1500 per month? If so, you must pay it. You do not, however, have to give her a single penny more.

 

[TimFletcher04]

Does the COURT ORDER say you are to pay $1500 per month? If so, you must pay it. You do not, however, have to give her a single penny more.

No. The court orders says $1000 because that's what we agreed on. The $1500 was the max the court said she could take.

 

[TimFletcher04]

The court can absolutely make you pay the full amount.

You can absolutely request that Mom is imputed full time wages.

If the court would instill the $1500/month, would there be any justification for not paying the other items or would I still have to pay for everything since I've been?

 

[Proserpina]

No. The court orders says $1000 because that's what we agreed on. The $1500 was the max the court said she could take.

Again, she can take you back to court to follow guideline support.

 

[Proserpina]

If the court would instill the $1500/month, would there be any justification for not paying the other items or would I still have to pay for everything since I've been?

This could go either way; but much may depend on exactly how your order is worded.

 

[TimFletcher04]

This could go either way; but much may depend on exactly how your order is worded.

There is nothing in the order about the additional expenses at the current time. We had agreed on everything verbally before we went in. The only thing that is on the order is the Child support itself.

 

[TimFletcher04]

The court can absolutely make you pay the full amount.

You can absolutely request that Mom is imputed full time wages.

If I would request for her to be imputted for full time wages, would this most likely be honored or just a possibility?

 

[Proserpina]

If I would request for her to be imputted for full time wages, would this most likely be honored or just a possibility?

It's very likely that this will be granted if you do request it.

You really shouldn't be obligated to pay her car payment and insurance. The rest? I can see those being split, but not car and insurance.

 

[mistoffolees]

It's very likely that this will be granted if you do request it.

You really shouldn't be obligated to pay her car payment and insurance. The rest? I can see those being split, but not car and insurance.

I agree. If CP goes back to court for a modification, ask to drop all the extras.

 

[TheGeekess]

How old is this order?

 

[TimFletcher04]

How old is this order?

Its about 3 months.

 

[TimFletcher04]

I agree. If CP goes back to court for a modification, ask to drop all the extras.

The car is in my name and she is on my insurance policy. Originally we discussed me giving her the 1500 and her making the car payment but I didn't want to take the chance on her getting mad and not making the payment.

 

[mistoffolees]

The car is in my name and she is on my insurance policy. Originally we discussed me giving her the 1500 and her making the car payment but I didn't want to take the chance on her getting mad and not making the payment.

You're simply going to have to take your chance with the judge. You can ask that the car payment and insurance be included in your CS. That is, it's possible for the order to say "CS set at $1,000 per month paid to CP plus car payment and insurance. When car is paid off, CS goes to $1500 per month" or something like that.

If the court insists on paying ex all in cash, then I would ask for an order that she refinance the car in her own name or sell it to avoid damage to your credit rating. Also, if your name is not on the title, you'll want to remove that at the same time.

I really doubt that she'll get CS raised to $1500 PLUS the car and insurance if they're not covered in the decree. That is, if they're not listed under the property division section, then it's a completely voluntary payment in lieu of more CS, so I really don't see her double dipping. The court is going to want you to pay the guideline amount - and any extra gifts would be up to you.