CHILD SUPPORT TAKING TOO MUCH MONEY-DESPERATE!!!!!!!

My fiance's ex-wife has asked for an exorbitant amount of money and got it. The court is allowing her to get all of this money. They are taking about 44 percent of his paycheck, leaving us with not enough to pay bills. He can't even afford med. coverage. Now she is taking him to court for more money and it is not fair. We have two children and one on the way. No one seems to want to help him and he doesn't know where to turn. Please help!!!!!!!

[MySonsMom]

Normally, child support is based on both parents income..and usually when there are *other* children involved, there is some sort of credit. (not much, but every little bit helps) If he is paying for more than he should, perhaps he is in arrears? If not, then he must make a significant more than she does. There is a child support calcalation sheet that typically is used to establish support. Take both incomes and find the percentage, and calculate it out. Good luck!
[url="http://dir.yahoo.com/Society_and_Culture/Cultures_and_Groups/Children/Child_Support/Child_Support_Calculators/"]http://dir.yahoo.com/Society_and_Culture/Cultures_and_Groups/Children/Child_Support/Child_Support_Calculators/[/url]



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*There is no love, like the unconditional love of a Mother*

-I am not an Attorney, any advice given is strictly advice-

when i filed for divorce from my ex husband, my attorney told me that "we" cannot get more than 50% of my ex's income. so, i guess with 44% your fiance is still under the 50% line, however i am in texas and i do understand that the law differs from state to state.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sister Rage:
[b]My fiance's ex-wife has asked for an exorbitant amount of money and got it. The court is allowing her to get all of this money. They are taking about 44 percent of his paycheck, leaving us with not enough to pay bills. He can't even afford med. coverage. Now she is taking him to court for more money and it is not fair. We have two children and one on the way. No one seems to want to help him and he doesn't know where to turn. Please help!!!!!!![/b]<HR></BLOCKQUOTE>


You have to understand that the two extra children with one on the way is his choice despite knowing about the first child and support payments. Many states do not care about children that come later. After all, why should the first child suffer because he decided to have more children that he can not afford.

Not my words.. I am just trying to help you understand the underlying tone of some state laws.

Well , I do not know what state you are in but in Ga. all children count . The first one is no more important than the 3rd or 4th what happens is they count all children then take the percentage that your husband falls in and split that equally between the children . However the childen must be his not yours from a previous marriage. So if it came out to be 200.00 a month and he has 2 kids that will be split 100. a piece. I really do not see a judge allowing a child to be left behind becasue it is not the childs fault if the man has 5 or 6 kids . So I do not believe a judge would say sorry little Timmy but you are not as important as your brother Jay. I am sorry I would take it back to court to get it modified . YOu know modification isn't just for cudostial parent it is also for non cust. parents as well.So good luck !

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tildawn:
[b]Well , I do not know what state you are in but in Ga. all children count . The first one is no more important than the 3rd or 4th what happens is they count all children then take the percentage that your husband falls in and split that equally between the children . However the childen must be his not yours from a previous marriage. So if it came out to be 200.00 a month and he has 2 kids that will be split 100. a piece. I really do not see a judge allowing a child to be left behind becasue it is not the childs fault if the man has 5 or 6 kids . So I do not believe a judge would say sorry little Timmy but you are not as important as your brother Jay. I am sorry I would take it back to court to get it modified . YOu know modification isn't just for cudostial parent it is also for non cust. parents as well.So good luck ! [/b]<HR></BLOCKQUOTE>


I am sorry but you have your figures and a few facts wrong. If dad has child 1 and is ordered to pay 400 a month. That amount is then not split downwards each time he has a new child with a different woman. It is effected, but not by the amount you are staying. Otherwise, if dad then has 5 other children with his new wife, child 1 would get next to nothing.

At the time of child 2, the dad KNOWS that he has to pay the amount for child 1 and there it is his responsibility to ensure that child 2 can be taken care out.. WITHOUT effecting the financial responsibility of child 1.

First of all, my children are just as important as hers....if he can have to pay child support to her kids, then my kids also deserves to be taken care of. I don't care who came first, and it is not a matter of having kids he can't afford, it is a matter of her not wanting him to take care of other children he has, my kids should not have to suffer because of her stupid a**, ok? He should take care of my kids the same way he takes care of hers. My kids shouldn't have to sit back and watch all his money go to these other children while they go without!!! Especially if he is here with us everyday. So don't even go there with me about him having kids he can't afford because it doesn't always work out to where you stay with the person you start out with, especially if you were young....it doesn't matter, my kids are important too.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sister Rage:
[b]First of all, my children are just as important as hers....if he can have to pay child support to her kids, then my kids also deserves to be taken care of. I don't care who came first, and it is not a matter of having kids he can't afford, it is a matter of her not wanting him to take care of other children he has, my kids should not have to suffer because of her stupid a**, ok? He should take care of my kids the same way he takes care of hers. My kids shouldn't have to sit back and watch all his money go to these other children while they go without!!! Especially if he is here with us everyday. So don't even go there with me about him having kids he can't afford because it doesn't always work out to where you stay with the person you start out with, especially if you were young....it doesn't matter, my kids are important too.[/b]<HR></BLOCKQUOTE>

I was trying to help and explain why some things are the way they are..

Anyway, another thread I am done with..

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b] I was trying to help and explain why some things are the way they are..

Anyway, another thread I am done with..

[/b]<HR></BLOCKQUOTE>


Psssstttt... Leagle beagle, the *Rage* thing on the nick kept me out of this one..

.

ok people, I wasn't tyring to personally attack anyone, but it seems that everywhere I turn for help on this one, no one seems to think my kids are not as important as hers. But they are! Even if they were not first....her kids weren't first either, but she's the only one benefitting. I felt as though I was being attacked for not meeting him first and felt that people thought I should be ashamed for having children with him, but I refuse. If no one in this world looks out for mine...I WILL. And as far as that comment about my nickname, I won't even justify that, because the name was made up for another case.....so STEP!!!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Sister Rage:
[b]ok people, I wasn't tyring to personally attack anyone, but it seems that everywhere I turn for help on this one, no one seems to think my kids are not as important as hers. But they are! Even if they were not first....her kids weren't first either, but she's the only one benefitting. I felt as though I was being attacked for not meeting him first and felt that people thought I should be ashamed for having children with him, but I refuse. If no one in this world looks out for mine...I WILL. [/b]<HR></BLOCKQUOTE>

No one has said that they believe your children are unimportant. They have simply explained the LAW to you. It's not based on personal beliefs! And yes, in the eyes of the law, it is a first come first serve basis.

He had children with you fully knowing he already had another obligation. The court feels that he should continue to provide for his previous obligation. He should also provide for any future obligations. So they look at what he has left to give. Is it fair? Maybe, maybe not.

Nobody is blaming you for having kids with him. However, before you add any more to the calculations, perhaps you should consider whether or not you can support them [b][i]after[/b][/i] he has met his prior obligation! (Now here's where I take cover!)

Tig

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<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>
I am not a lawyer. Any information relayed is merely my own experience or research.

[b][i]"PRINCESS, HAVING HAD SUFFICIENT EXPERIENCE WITH PRINCES, SEEKS FROG."[/i][/b]
<HR></BLOCKQUOTE>

I understand your attitude. And I am sure that I am right because we just went through this when my bro. x-wife took him to court for more cs. My brother has 5 children one is 13yrs. apart and the judge split the cs 5 ways so they took 35% of his check and split it 5 ways. Just because his oldest was here 13 years before the baby does not entitle him to get more money . All children are loooked at equally . His attorney told him that all his children will see equal amount of cs. Unless he is paying cs for set of kids EX: Okay let say he gets divorce and he has to pay 200 a month for this child . Okay and he gets married again and has 2 children w/her and they get divorce. Now here is the catch if the 2nd wife takes the x-hubby to court and let say he is making alot of money (then before ) and there is a difference of 100 per child the 2nd x wife can get the difference because the 1st x-wife as not modified it .Did I confuse you ? okay if he owe let say 300 a child the 2 x - wife can try to get the other 100. becasue he is only court order to pay 200 to the first . So once a court order is established it is up to the two people to get it modified.So if your husband had more children after the court order then he needs to get it modified . That is the only way that your children will see their part.

It plainly states that reasons of modification can be drop in wages , addition al family members , medical problems etc...So it is up to you and your hubby to modify . If you just went to court they should have counted your children as additional family members ( KEEP IN MIND THEY HAVE TO BE HIS) Now he will still have to pay for his responsibiltys(which he should) but you sound very bitter which divorce and child support can make you that way . Keep in mind it is not the childrens fault.And all children deserves to get support from their father rather they are with you or their mother. So it is a long bitter road but there is no getting away from paying until those children reach 18yrs. old so it something you will have to face eventually . Sooner better than later!!! I really can relate . So please do not think I am pickin or being mean . I am just tryong to help you out . 44% of a mans check and he has 2 children at home and 1 on the way is reason enough for me to take back to court to get it modified. That is absurd. No family can live off of 56% of a check is that before or after taxes?

please keep in mind that I am not an attorney . So i am only speaking of my brothers legal experience . So before anyone comes and say i am wrong or that is not the law . I am here to say I am speaking from my experience ONLY!!! Okay , my advice to you which is (certainly not legal) is go get it modified which I believe runs around $500.o0. I know that I would . Goodluck! Keep us in touch not everyone on this thread think alike.