Second Family, Second Job...Higher child support?

[Shefie1]

What is the name of your state? Michigan

Hello,

My name is Shelley. I am a 34 yr old divorced, but re-married, mom of 3 children. My question pertains to my husband, Jeff. Jeff has been divorced for 5 yrs from Sherri. Jeff and Sherri have 2 children, Samantha, 13 and Jordan, 11. They have joint custody. In those 5 yrs, Jeff has been paying the child support set by the courts. Jeff works full time at his job of 14 years. Sherri has a job as a manager of a laundromat and has been for several years. She works 25 hours per week. In the 5 years of divorce, she has taken him into court for raises in his child support, which ended up being raised, without Sherri having to work more hours to help support her household. Now, Jeff and myself are married, and I have custody of my children. I receive child support from my ex-husband. Our household is financially struggling and Jeff and I have decided we need to get second jobs in order to support our household. Jeff informed me that he is afraid that if he gets a second job, Sherri will find out about it and take him to court for a raise in his child support again. This doesnt sound legal to me at all, but as Jeff said, whenever he was brought to court in the past, there was nothing that happened in his favor...meaning the courts never order Sherri to take responsibilty herself to earn more money for her household if she needs it, she just take Jeff to court for a child support raise. Jeff and I need to take responsibilty and provide for our household. Could Sherri do this to Jeff if he gets a second job to support our household here?
Thanks!!!!!What is the name of your state?

 

[fairisfair]

It appears that Michigan does calculate second jobs and overtime into the income for child support

http://www.courts.michigan.gov/scao/resources/publications/manuals/focb/2004MCSFmanual.pdf

see page 10 regarding second jobs and overtime

 

[Shefie1]

Thank you for your reply.
Since we were married in December, we have had to purchase a larger, more comfortable home for the 5 children to live in when they are all together. In turn, we have higher bills, and need second jobs to support this accomodation. When she gets a bug in her ear that Jeff is working a second job to support our bigger, blended household, she will take him to court for a raise in child support while she does nothing on her end (ie: work more hours, get a second job), to support her household in a manner in which she wants. Doesn't cost of living factor in anywhere? We are not living a luxurious lifestyle by any means, we live in a doublewide in a mobile home community, we have 1 car, no credit cards, the internet is the most luxurious thing we have LOL. We only want to be comfortable and we want our children to be comfortable while here...thats whats important to us.

From what I understand from the laws is this....If she wants to go out and buy something, she doesnt have to earn it buy working more, she can just get her child support raised...but if Jeff and I want to work and earn some extra money to buy something, we cant because as soon as she hears hes working extra, she will take the money earned....
Even if we get a lawyer, would we have a chance?? What can we do??

 

[ceara19]

What is the name of your state? Michigan

Hello,

My name is Shelley. I am a 34 yr old divorced, but re-married, mom of 3 children. My question pertains to my husband, Jeff. Jeff has been divorced for 5 yrs from Sherri. Jeff and Sherri have 2 children, Samantha, 13 and Jordan, 11. They have joint custody. In those 5 yrs, Jeff has been paying the child support set by the courts. Jeff works full time at his job of 14 years. Sherri has a job as a manager of a laundromat and has been for several years. She works 25 hours per week. In the 5 years of divorce, she has taken him into court for raises in his child support, which ended up being raised, without Sherri having to work more hours to help support her household. Now, Jeff and myself are married, and I have custody of my children. I receive child support from my ex-husband. Our household is financially struggling and Jeff and I have decided we need to get second jobs in order to support our household. Jeff informed me that he is afraid that if he gets a second job, Sherri will find out about it and take him to court for a raise in his child support again. This doesnt sound legal to me at all, but as Jeff said, whenever he was brought to court in the past, there was nothing that happened in his favor...meaning the courts never order Sherri to take responsibilty herself to earn more money for her household if she needs it, she just take Jeff to court for a child support raise. Jeff and I need to take responsibilty and provide for our household. Could Sherri do this to Jeff if he gets a second job to support our household here?
Thanks!!!!!What is the name of your state?

Although Jeff IS remarried, unless you and he have children TOGETHER, he does not have a second FAMILY that he is responsible for supporting. You are an adult, capable of providing for yourself and YOUR children are not HIS financial responsibility as far as the court is concerned.

 

[fairisfair]

Thank you for your reply.
Since we were married in December, we have had to purchase a larger, more comfortable home for the 5 children to live in when they are all together. In turn, we have higher bills, and need second jobs to support this accomodation. When she gets a bug in her ear that Jeff is working a second job to support our bigger, blended household, she will take him to court for a raise in child support while she does nothing on her end (ie: work more hours, get a second job), to support her household in a manner in which she wants. Doesn't cost of living factor in anywhere? We are not living a luxurious lifestyle by any means, we live in a doublewide in a mobile home community, we have 1 car, no credit cards, the internet is the most luxurious thing we have LOL. We only want to be comfortable and we want our children to be comfortable while here...thats whats important to us.

From what I understand from the laws is this....If she wants to go out and buy something, she doesnt have to earn it buy working more, she can just get her child support raised...but if Jeff and I want to work and earn some extra money to buy something, we cant because as soon as she hears hes working extra, she will take the money earned....
Even if we get a lawyer, would we have a chance?? What can we do??

It's never fair, especially to the children of divorce (separation, whatever) there is another side to the story as well, and another one that I am sure thinks that there are things that aren't fair. From what I read, it appears that Michigan is a shared income model, which means that her income IS taken into consideration when calculating child support. She is responsible for her portion and dad is responsible for his. Doesn't mean though that you will ever think that the amounts are equitable.

The only saving grace may be staying under the 10% change in income for modification, you can find that on the link I provided to you before. See table of contents regarding modification.

 

[Shefie1]

It's never fair, especially to the children of divorce (separation, whatever) there is another side to the story as well, and another one that I am sure thinks that there are things that aren't fair. From what I read, it appears that Michigan is a shared income model, which means that her income IS taken into consideration when calculating child support. She is responsible for her portion and dad is responsible for his. Doesn't mean though that you will ever think that the amounts are equitable.

The only saving grace may be staying under the 10% change in income for modification, you can find that on the link I provided to you before. See table of contents regarding modification.

Thank you...

I am not one to use the words "its not fair", seems a bit whiney for me LOL. Fair or not, we are just trying to make a better, comfortable life for our children on our end, and Jeff feels he is being held back from doing so.
Yes, in MI, both incomes are considered. Jeff works hard at trying to better himself to earn his "well job done" raises, plus he gets cost of living raises. So his income changes regularly. Sherri does nothing to change her financial situation and her income does not go up, it stays the same. She depends on his income changes so her child support income goes up...which I understand, her cost of raising the kids continually goes up also, so Jeff should comply to that...but geez, isnt there a break for Jeff anywhere? Shouldnt she take just as much responsibilty as a parent? She only works 25 hours a week, the kids are in school full time...shes got alot of freetime.

And I guess I made a mistake in my title...we are not his "new family" we are a "Bigger, Blended Family"

 

[fairisfair]

Thank you...

I am not one to use the words "its not fair", seems a bit whiney for me LOL. Fair or not, we are just trying to make a better, comfortable life for our children on our end, and Jeff feels he is being held back from doing so.
Yes, in MI, both incomes are considered. Jeff works hard at trying to better himself to earn his "well job done" raises, plus he gets cost of living raises. So his income changes regularly. Sherri does nothing to change her financial situation and her income does not go up, it stays the same. She depends on his income changes so her child support income goes up...which I understand, her cost of raising the kids continually goes up also, so Jeff should comply to that...but geez, isnt there a break for Jeff anywhere? Shouldnt she take just as much responsibilty as a parent? She only works 25 hours a week, the kids are in school full time...shes got alot of freetime.

And I guess I made a mistake in my title...we are not his "new family" we are a "Bigger, Blended Family"

and remember YOU have Jeff, hopefully that is worth something

 

[Shefie1]

and remember YOU have Jeff, hopefully that is worth something

Oh its worth the world plus more, let me tell ya!
We tried to "Live On Love"... but it didnt work in our favor LOL!!


If all else fails, I guess I will work my full time job, plus 2 part time jobs, she cant take my money....I hope she tries, I would LOVE my day in court against her....

 

[pixel]

Shelfie1, I can understand how you feel. I am in a similar situation, except that we are in a single-wide with other family members As frustrating as it can be dealing with your husbands ex, be glad that she has SOME income of her own. Imagine how much more she would be pursuing extra money if she didn't?

Don't think of it as her getting free money, because when your husband gets a raise, you still at least keep some of that raise, right? My husband gets frustrated sometimes because his ex hasn't worked in such a long time yet expects us to put out for extras, (which we have in the past, but can no longer afford it) but he said "i'll never get anywhere if I keep worrying about how much money she'll get".

So i guess the point is, if he needs to work extra to keep things going, then do it and don't worry about anything else.

 

[Shefie1]

Thank you, and it is very frustrating. Here Jeff is doing everything hes supposed to do, legally and morally, as she sits there, lazy and taking it all in, including welfare (which is why she only works what she does...if she works more, she'd be cut off...imagine that! Sounds a bit backwards to me. I would rather WORK for my money than depend on other people for it), but nobody is stopping her...

 

[topsidder]

Consider yourself lucky. In my situation, Mom did not work, collect child support from two men, and lived on HUD housing. She collect 1800/mnth tax free, lived in an apartment that would cost average joe 850/mnth but only paid 300 for it. You get my point.

Really, it does not appear to be fair. As far as the second job goes for Jeff, best not to. Once he does, and let's say he gets tired and wants to quit so he can get some sleep, well the courts probably would not allow it. Once he has made this income, he is expected to continue.

I highly advise not to take a second job. Work the other side of the equation. Cut expenses, just untill CS ends. I also know that right now it seems like the situation is endless, but again, my experience, even after 17 yrs my husbands support did end. And let me tell you, it was awesome!!!!!!!!! The situation is not forever. Promise! They do grow-up! The state and legal community has yet to figure out a way to stop the clock.

 

[nextwife]

Thank you, and it is very frustrating. Here Jeff is doing everything hes supposed to do, legally and morally, as she sits there, lazy and taking it all in, including welfare (which is why she only works what she does...if she works more, she'd be cut off...imagine that! Sounds a bit backwards to me. I would rather WORK for my money than depend on other people for it), but nobody is stopping her...

You know, anything extra YOU earn, cannot be included in CS.

 

[topsidder]

Carefull. It may not effect what Jeff pays, but it might effect what YOU receive from your ex.

 

[Shefie1]

Carefull. It may not effect what Jeff pays, but it might effect what YOU receive from your ex.

My ex and I are extrememly amicable. We handled our divorce ourselves without any lawyers and we set our own cs on our agreed amount. If he wants, he can take me to court, but it won't happen...