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Re-calculation of CS after finalization of 1 child step-parent adoption

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mummsie223

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

I have 2 children by ex. Divorce was final 13 years ago and child support was calculated then. It has never been reviewed in that time. At the time of original divorce and cs calculation, I was a full time RN. In the decree he was to cover the kids for health insurance and pay 1/2 of medical expenses, daycare.

12 years ago, I remarried. Current husband covers the health insurance for the children as it is a family plan. Works better that way as I can call insurance and talk with them and follow claims.

Oldest child is 16 and not involved in the adoption. He still sees his father every other weekend. The 16 year old is allowed to make his choices to go and I do not interfere.

I then have a 14 year and she is the one being adopted by my husband. Ex terminated his parental rights, when he signed the consent for adoption. He did so of his own free will. He did some very unsavory things and she refuses to see him. Lawyers were all involved and he agreed to stay away as to keep from going to jail. Adoption will be final next week.

Obviously, child support will be re-calculated. He currently pays $500/month for 2 children and absolutely nothing else. 16 is in an extra activity and ex refuses to assist in anyway shape or form. That is fine. Not going to fight it. Not worth it. I don't want the 16 year old to be upset with anything. Best to let him figure things out for himself.

He had his lawyer fill out the new calculation and said I make $5100/month. I have NEVER EVER made that much. I was an RN for 9 years. I have not had an active license for the last 8 years. I cannot just jump back into nursing and immediately make that amount of money. Where did they come up with this and is it "legal?" My lawyer has asked to do the calculation and asked for ex's pay information. He has refused to do so.

What should be done? The adoption for 1 child is finished next week. I have agreed to re-imburse any overages from that date on. Money is taken from his check as part of child support enforcement. But, the new calculation isn't done and no one is working on it.

Thoughts, ideas?
 


LdiJ

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

I have 2 children by ex. Divorce was final 13 years ago and child support was calculated then. It has never been reviewed in that time. At the time of original divorce and cs calculation, I was a full time RN. In the decree he was to cover the kids for health insurance and pay 1/2 of medical expenses, daycare.

12 years ago, I remarried. Current husband covers the health insurance for the children as it is a family plan. Works better that way as I can call insurance and talk with them and follow claims.

Oldest child is 16 and not involved in the adoption. He still sees his father every other weekend. The 16 year old is allowed to make his choices to go and I do not interfere.

I then have a 14 year and she is the one being adopted by my husband. Ex terminated his parental rights, when he signed the consent for adoption. He did so of his own free will. He did some very unsavory things and she refuses to see him. Lawyers were all involved and he agreed to stay away as to keep from going to jail. Adoption will be final next week.

Obviously, child support will be re-calculated. He currently pays $500/month for 2 children and absolutely nothing else. 16 is in an extra activity and ex refuses to assist in anyway shape or form. That is fine. Not going to fight it. Not worth it. I don't want the 16 year old to be upset with anything. Best to let him figure things out for himself.

He had his lawyer fill out the new calculation and said I make $5100/month. I have NEVER EVER made that much. I was an RN for 9 years. I have not had an active license for the last 8 years. I cannot just jump back into nursing and immediately make that amount of money. Where did they come up with this and is it "legal?" My lawyer has asked to do the calculation and asked for ex's pay information. He has refused to do so.

What should be done? The adoption for 1 child is finished next week. I have agreed to re-imburse any overages from that date on. Money is taken from his check as part of child support enforcement. But, the new calculation isn't done and no one is working on it.

Thoughts, ideas?
It sounds like your attorney may need to subpeona the ex's income information.
 

mistoffolees

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

I have 2 children by ex. Divorce was final 13 years ago and child support was calculated then. It has never been reviewed in that time. At the time of original divorce and cs calculation, I was a full time RN. In the decree he was to cover the kids for health insurance and pay 1/2 of medical expenses, daycare.

12 years ago, I remarried. Current husband covers the health insurance for the children as it is a family plan. Works better that way as I can call insurance and talk with them and follow claims.

Oldest child is 16 and not involved in the adoption. He still sees his father every other weekend. The 16 year old is allowed to make his choices to go and I do not interfere.

I then have a 14 year and she is the one being adopted by my husband. Ex terminated his parental rights, when he signed the consent for adoption. He did so of his own free will. He did some very unsavory things and she refuses to see him. Lawyers were all involved and he agreed to stay away as to keep from going to jail. Adoption will be final next week.

Obviously, child support will be re-calculated. He currently pays $500/month for 2 children and absolutely nothing else. 16 is in an extra activity and ex refuses to assist in anyway shape or form. That is fine. Not going to fight it. Not worth it. I don't want the 16 year old to be upset with anything. Best to let him figure things out for himself.

He had his lawyer fill out the new calculation and said I make $5100/month. I have NEVER EVER made that much. I was an RN for 9 years. I have not had an active license for the last 8 years. I cannot just jump back into nursing and immediately make that amount of money. Where did they come up with this and is it "legal?" My lawyer has asked to do the calculation and asked for ex's pay information. He has refused to do so.

What should be done? The adoption for 1 child is finished next week. I have agreed to re-imburse any overages from that date on. Money is taken from his check as part of child support enforcement. But, the new calculation isn't done and no one is working on it.

Thoughts, ideas?
Go talk to the people at the child support enforcement office. Bring your pay stubs.
 

Ohiogal

Queen Bee
I don't work. I have been a stay at home mom for the last 8 years.

You are voluntarily UNEMPLOYED and hence can be imputed with what you COULD make if you were in the workforce. The calculation may be legal based on the fact that if you weren't CHOOSING to be unemployed you would have kept your license AND could make that much now. That is a guess on how opposing counsel figured that as your income. Why should your ex pay for YOUR choice to stay home?
 

mummsie223

Junior Member
You are voluntarily UNEMPLOYED and hence can be imputed with what you COULD make if you were in the workforce. The calculation may be legal based on the fact that if you weren't CHOOSING to be unemployed you would have kept your license AND could make that much now. That is a guess on how opposing counsel figured that as your income. Why should your ex pay for YOUR choice to stay home?

I can totally understand that I am voluntarily unemployed and ex should not pay for that. That is not what I am saying. Even looking through what an RN would make now, it does not come close to making $5100/month. If they are computing that, they are not using what nurses currently make in my area. I have been out of the work force for 8 years. I don't mind them calculating what would be a reasonable amount as an RN. If I returned to the work force, I would need to take a refresher course and then clinicals and re-apply for active licensure. Would take about a year to return. No biggie. I would then go in as a nurse with 9 years experience. Based on that and the area in which I live, I would make $48,000 as full-time night shift...not the $61,000 they may be trying to say. If I had to get a job tomorrow, it would be a job making minimum wage. I thought that is what they would have to compute by. I also thought they would have to take into account that we cover the insurance costs, co-pays, vision and it's co-pays, orthodontics. He helps with absolutely NONE of that.
 

mistoffolees

Senior Member
I can totally understand that I am voluntarily unemployed and ex should not pay for that. That is not what I am saying. Even looking through what an RN would make now, it does not come close to making $5100/month. If they are computing that, they are not using what nurses currently make in my area. I have been out of the work force for 8 years. I don't mind them calculating what would be a reasonable amount as an RN. If I returned to the work force, I would need to take a refresher course and then clinicals and re-apply for active licensure. Would take about a year to return. No biggie. I would then go in as a nurse with 9 years experience. Based on that and the area in which I live, I would make $48,000 as full-time night shift...not the $61,000 they may be trying to say. If I had to get a job tomorrow, it would be a job making minimum wage. I thought that is what they would have to compute by. I also thought they would have to take into account that we cover the insurance costs, co-pays, vision and it's co-pays, orthodontics. He helps with absolutely NONE of that.
This site disagrees with you. Average nurse RN salaries in PA range from around $64 K to around $69 K:
Pennsylvania registered-nurse Salaries

You should have had the chance to object during the hearing. Why didn't you do so then?

As I said, go talk to the CSE people to see what they say.
 

mummsie223

Junior Member
That would be for a big city hospital at a major hospital....Pittsburgh, Philly areas. We live 5 hours from Pittsburgh and 3 hours from Philly. We are 90 minutes from Harrisburg.

We haven't gotten to the point of court or anything. We want to get through the adoption next week. My hope was to know what I am looking at as far as what they are basing my salary on and why aren't they sending proof of his pay to my attorney to get this ball rolling. I want to make sure it is accurate for all involved. If they choose to use that salary and it is accurate and not something pulled from the air, then so be it. But, I want them to be truthful too.

Those sites show average of RNs. They don't break it down as to where the specialty is....Director of Nursing, Nurse Manager, Clinical Specialist, Nursing Instructors.
 
Since you haven't worked in years, sites like the one above are really the only way to determine what you could be making. Unless you have some other way to PROVE that you could not be making that much if you were still working.
 

Zigner

Senior Member, Non-Attorney
Not to mention...had you not CHOSEN to be unemployed, you wouldn't be behind the curve on seniority/experience.
 

tuffbrk

Senior Member
You should have had the chance to object during the hearing. Why didn't you do so then?
I'm missing when there was a hearing.

OP - Your attorney needs to subpoena your ex's salary information. Further, your attorney needs to bring in the medical costs as well. Your hubby is paying the attorney - make sure the attorney stays on top of it.
 

mummsie223

Junior Member
I have been toying with the idea for a couple of years now. With all 3 kids in school now, I think it may be time for me to re-enter as a part-time nurse. I have already spoken with the board of nursing for PA. She send to send in my application and fee. They will determine if I have to take the refresher and clinicals. In Maryland, it wouldn't be how it works. I would have no choice but to do the refresher and clinicals. Thankfully, PA has a different system for licensing, once you have passed the NCLEX.

I could then interview and get a job and they would use that as my pay? We want to pay cash for college anyway. This is a great incentive. Oldest wants military. 14 year old wants PennState and a swim scholarship. Youngest is too young. ;)

I just want it to be fair on both ends. As much as I detest the ex and what he has done to the 14 year old, I need to move on and let my anger dissolve. The 14 year old is out of his clutches and the 16 year is content.
 

tuffbrk

Senior Member
That would be for a big city hospital at a major hospital....Pittsburgh, Philly areas. We live 5 hours from Pittsburgh and 3 hours from Philly. We are 90 minutes from Harrisburg.

Those sites show average of RNs. They don't break it down as to where the specialty is....Director of Nursing, Nurse Manager, Clinical Specialist, Nursing Instructors.
Bureau of Labor Statistics - shows an avg of $65k. Worse, it shows that 3 out of 5 nurses are employed at hospitals and that the job market is above average.

Reason for staying at home? Your children from your first marriage or did you have more children? If you quit due to delivering another child subsequent to the divorce, it's highly likely that you will be imputed an income above min wage.
 

mummsie223

Junior Member
My current husband and I had a child together in 2001. I stayed home full-time for 9 months. I then did some home health nursing on a per visit basis. I did it to stay active in the field of nursing. We moved to our current home in 2003. It put me 90 minutes from the office. We then decided for me to stay home full-time.

This is all very interesting and logical advice. I just want to make sure I am not blind to anything. Completely makes sense to me. It is unfortunate they lump the whole field of nursing together to come up with the average salary range. So lopsided. It is what it is though.
 

mistoffolees

Senior Member
That would be for a big city hospital at a major hospital....Pittsburgh, Philly areas. We live 5 hours from Pittsburgh and 3 hours from Philly. We are 90 minutes from Harrisburg.
I guess you didn't bother looking at the site I gave you:
Pennsylvania]Pennsylvania registered-nurse Salaries registered-nurse Salaries

Allentown $65,100
Erie $62,500
Altoona $61,500
Lancaster $64,300
Lebanon $64,200
Scranton $63,300

Every one of those is more than you are being imputed.

Don't like that source? How about this one:
RN Salary in Pennsylvania | Indeed.com
Average RN salary in PA is $67,000.

With 9 years of experience (or 17 if you hadn't voluntarily chosen not to work), you'd be close to the average.

But, really, all of that is moot. You had the opportunity to object and apparently chose not to. You snooze, you lose.
 

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