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Just a question

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JillianKelly

Junior Member
What is the name of your state? Indiana
I am the father of an 7 year old(this is my wife's screen name!). I have visitation everyother weekend, my parents have my daughter at least 3 days and 3 nights a week. Her mother does not work. Okay those are the facts now I'll tell you the circumstances. Three years a go my ex wife took me to court asking for a raise in child support. Litteraly that is what she wrote on the court summons it said "I'd like a child support increase." She had taken me to court at least 3 times a year prior to this everytime she got angry. But anyway in Indiana the support is taken from your combined income as though the marriage never dissolved. She was working and had been for early a year making decent money, And talking behind my back about her "plan" to get more money. Well, we go to court they raise my support from $275 a month to $425 a month, plus 80% and all deductibles on insurance. Anyway within the next week she had quit her job, taken my daughter out of daycare and the pre school she was in. Those two things were what she asked the judge for money to pay for. She hasn't worked since then, now my child is in public school. Now, I've paid this (never even been late) and have delt with this amount of money but my question is, is this how it works? I feel very taken by this and have since it happened, my current wife just says "pay it and go on", but how is it right that people are screwing the system? Is what she did in anyway illegal or is it just immorral? It wouldn't be so bad if everyone didn't know that this was her "plan". Also I have another question that I have no clue if it is even relevent: My wife is 5 months pregnant, does a judge take into consideration other children or that type of expense in a child support order? I probably wouldn't be worth it to go to court but I just wondered if support ever got lowered for the addition of new babies. Thank You in advance.
 


brisgirl825

Senior Member
In Kansas, when I quit my job to become a stay at home mom, I *HAD* to inform my ex so he could have the option of modifying child support. If the daycare expenses are no longer being paid and her income has changed, then you have every right to ask for a new support order.
Secondly, some states do allow for you to claim other children as an expense, you'll have to find out what the laws are in your area. In my opinion though, I don't think it's right. I am not bashing you but you knew that you had another child to take care of, so why should the child be punished and not be provided for? I think men wouldn't be so kind to that deduction if a woman could have as many kids as she wanted and have child support raised. Anyway just my humble opinion, don't be offended.

Sarah
 

JillianKelly

Junior Member
Thanks for the information. It's really not that I am upset at the amount, well, it was a big increase, but I am used to the amount now. It is purely the fact that I feel taken advantage of by the ex. There are people who do not even get support out there and she is screwing the system. It really gets to me when she clearly boasts and brags that she doesn't "need to work" because she gets enough support and they are living off it. Then she'll demand money for stuff! And I'm not going to let my daughter do without so I'm sucked back in, and go buy whatever... And in reguards to lowering support due to another birth, I would actually probably never bother with it due to coourt costs and what not(the decrease probably wouldn't be enough to mess with) but it was simply a point of view that hypothetically, If my wife and I had 2 kids, before the birth of the second we would have to do some budget reworking. You know, I am not an only child so things were divided 4 ways. Now, I'm sure if my parents only had 1 child it would clearly get more, because ther is only one, Do you get my drift? Anyway like I said it was just a question. Now, my final thought is in reguards to somthing that I have read in several posts on here, and I just want to say that I think people should understand that, we do not live in a perfect world and there are no perfect parents, reality now is that people do divorce and people do have children out of wedlock. We should all take care of the children but not crucify people because we had bad experiences. And mostly people do move on, remarry and have extended familys. I think it is very unfair that a lot of people seem to say the first born is #1, all of my children deserve to be taken care of equally. I love my wife and want to extend my family WITH her and give my daughter a brother or sister. Why do I read in so many places that that is so wrong. I don't think I should treat my child as though she is so delicate and odd because her parents arn't married. It's sad that it is common but it is. All monetary issues aside non custodial parents should not be strung up for moving past the divorce. Wow, I'm sorry for that essay but if there are any people who have spent as long as I did trying to balance divorce/single parenthood to new marriage to new baby they will understand. there is guilt! I'm sorry if I sounded preachy. I don't try to ruffle feathers so please everyone, don't take it that way.
 

LdiJ

Senior Member
JillianKelly said:
Thanks for the information. It's really not that I am upset at the amount, well, it was a big increase, but I am used to the amount now. It is purely the fact that I feel taken advantage of by the ex. There are people who do not even get support out there and she is screwing the system. It really gets to me when she clearly boasts and brags that she doesn't "need to work" because she gets enough support and they are living off it. Then she'll demand money for stuff! And I'm not going to let my daughter do without so I'm sucked back in, and go buy whatever... And in reguards to lowering support due to another birth, I would actually probably never bother with it due to coourt costs and what not(the decrease probably wouldn't be enough to mess with) but it was simply a point of view that hypothetically, If my wife and I had 2 kids, before the birth of the second we would have to do some budget reworking. You know, I am not an only child so things were divided 4 ways. Now, I'm sure if my parents only had 1 child it would clearly get more, because ther is only one, Do you get my drift? Anyway like I said it was just a question. Now, my final thought is in reguards to somthing that I have read in several posts on here, and I just want to say that I think people should understand that, we do not live in a perfect world and there are no perfect parents, reality now is that people do divorce and people do have children out of wedlock. We should all take care of the children but not crucify people because we had bad experiences. And mostly people do move on, remarry and have extended familys. I think it is very unfair that a lot of people seem to say the first born is #1, all of my children deserve to be taken care of equally. I love my wife and want to extend my family WITH her and give my daughter a brother or sister. Why do I read in so many places that that is so wrong. I don't think I should treat my child as though she is so delicate and odd because her parents arn't married. It's sad that it is common but it is. All monetary issues aside non custodial parents should not be strung up for moving past the divorce. Wow, I'm sorry for that essay but if there are any people who have spent as long as I did trying to balance divorce/single parenthood to new marriage to new baby they will understand. there is guilt! I'm sorry if I sounded preachy. I don't try to ruffle feathers so please everyone, don't take it that way.
In Indiana, the child support guidelines and calculations DO give credit for subsequent children. You are correct, its not a huge credit, but credit is given.
 

brisgirl825

Senior Member
Sir, I agree totally. We all should be allowed to move on and have a happy family including more children with a new spouse if we wish. However NCPs should take into account what they are spending on child support when they think of having more children. It's no different than what you would do with your ex had you not gotten divorced. We all have a duty to think of the children that have yet to be born and think of what their standrard of living would be. When my husband and I decided to have a child, we thought about how well we would be able to support that child with what we spend on my children already.
And I agree that CPs should not be defrauding the NCP. It gives CPs bad names the same way dead beat parents can give NCPs a bad name. Not all of us are out to get as much money as we can.
I hope that you can get this resolved and fairly. Good luck with the new baby! :)

Sarah
 

VeronicaGia

Senior Member
You need to file a modification of support based on a change in circumstances including the daycare and anything else relevant. You should also ask the judge to impute income to her based on what she was making when she was working.

Get an attorney.
 

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