Can my ex get more child support?

[MichelleGilliam]

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

My ex-husband has custody and I pay childsupport. I am always on time and I am paid up. I only pay him $50.00 a month because he has a great job and at the time of calculation I only worked part time. I now have a son who depends on me to be at home full time to take care of him. My son from my new husband ,who I am divorcing. My son's doctor provided a letter for me to take to the court house and present it to Child Support Enforcement. They were doing a review to see if I would need to pay more. The lady who was incharge told my ex that she could not raise my child support because of the doctors statement I gave her. He did not like the answer and asked for it to go in front of a Judge. She did go on to say that the guidelines call for me to pay $100.00 a month now but my response to that is I don't have it. I am not even getting support for my two boys that I have at home, yet.

I have two kids from my ex and two kids from a marriage that I am ending.

Do you think a Judge would make me pay more to him based on what CSE says or do you think he would keep it the same since I can not work?

 

[CourtClerk]

I think the judge should make you pay what the guidelines say you should pay. $100/mo is a ridiculously low amount for support of a child, and that child should not get less because one parent decided to have/take on more children. The answer would be the same if you were a man...

 

[MichelleGilliam]

I beg your pardon and rudness but I did not ask for my son to get sick and become disabled. I thought I would have a healthy happy baby and I worked full time before my son was born in constuction loan. I also paid him more in childsupport at that time too. You are trying to rank me in with those dead beat people who don't care and don't want to pay. I would love to go to work and have a healthy baby. I would love to pay him more for my kids but I don't have it. He on the other hand makes more in one month than I do in six to eight months. I also help him out with meds., food, school supplies, and fieldtrips. I don't have to help him out with these things at all but because I know how hard it is I do. I also help out with those things because I love my kids. He just wants more money because he says that he wants me to pay all he has had to pay when he use to pay me. I orginally had custody before my son got too sick and he paid me.

 

[CourtClerk]

I beg your pardon and rudness but I did not ask for my son to get sick and become disabled. I thought I would have a healthy happy baby and I worked full time before my son was born in constuction loan. I also paid him more in childsupport at that time too. You are trying to rank me in with those dead beat people who don't care and don't want to pay. I would love to go to work and have a healthy baby. I would love to pay him more for my kids but I don't have it. He on the other hand makes more in one month than I do in six to eight months. I also help him out with meds., food, school supplies, and fieldtrips. I don't have to help him out with these things at all but because I know how hard it is I do. I also help out with those things because I love my kids. He just wants more money because he says that he wants me to pay all he has had to pay when he use to pay me. I orginally had custody before my son got too sick and he paid me.

Thank you for all that. My answer still stands.

 

[jjewel05]

Dont stress michelle, it sounds like your a great mom, and I can tell you care, no matter your situation, you still deserve to be at peace in your life, I'll pray for you and yours.

 

[nextwife]

And if YOU had custody, and ex were staying home to care for a child from a subsequent relationship full time, and only paying $50/mo support, would YOU be ok with that?

Do you think CSE would allow him to choose to be a SAHP and contribute so little?

 

[Ohiogal]

I beg your pardon and rudness but I did not ask for my son to get sick and become disabled. I thought I would have a healthy happy baby and I worked full time before my son was born in constuction loan. I also paid him more in childsupport at that time too. You are trying to rank me in with those dead beat people who don't care and don't want to pay. I would love to go to work and have a healthy baby. I would love to pay him more for my kids but I don't have it. He on the other hand makes more in one month than I do in six to eight months. I also help him out with meds., food, school supplies, and fieldtrips. I don't have to help him out with these things at all but because I know how hard it is I do. I also help out with those things because I love my kids. He just wants more money because he says that he wants me to pay all he has had to pay when he use to pay me. I orginally had custody before my son got too sick and he paid me.

Your second child does NOT change your responsibilities to your first child. Your sick child has another parent as well. You could be imputed an income quite frankly. Your first child in other words suffers because of your second child (with a different father) and therefore deserves less?
You can and most likely will be imputed with an income that you are capable of making so your child support can and may be raised. So the answer is YES, your ex can receive more in child support. That is NOT rude. That is an honest answer. CC was NOT being rude but stating that your gender matters not.

 

[AHA]

I beg your pardon and rudness but I did not ask for my son to get sick and become disabled. I thought I would have a healthy happy baby and I worked full time before my son was born in constuction loan. I also paid him more in childsupport at that time too. You are trying to rank me in with those dead beat people who don't care and don't want to pay. I would love to go to work and have a healthy baby. I would love to pay him more for my kids but I don't have it. He on the other hand makes more in one month than I do in six to eight months. I also help him out with meds., food, school supplies, and fieldtrips. I don't have to help him out with these things at all but because I know how hard it is I do. I also help out with those things because I love my kids. He just wants more money because he says that he wants me to pay all he has had to pay when he use to pay me. I orginally had custody before my son got too sick and he paid me.

And if you get custody of your younger kids in your pending divorce, you'll probably be getting cs from that ex husband to help with the expenses for those 2 kids. Kids cost a fortune no matter what, so that is always something you have to calculate in your already existing responsibilities before you start a new family.

 

[>Charlotte<]

Modifications of child support are meant to accommodate issues beyond your control. Your decision to have more children was not beyond your control.

 

[B.Vermouth]

what is the child's disability?

 

[MichelleGilliam]

My son is deaf, has a neurological disorder ( not yet diagnosed ), childhood disinigrative disorder, and a disinigrative Mitochondrial disorder, mood disorder, and severe develpomentally delayed.

 

[nextwife]

My son is deaf, has a neurological disorder ( not yet diagnosed ), childhood disinigrative disorder, and a disinigrative Mitochondrial disorder, mood disorder, and severe develpomentally delayed.

And presumably was not created by only you. The father could also be the SAHP.

 

[stealth2]

https://forum.freeadvice.com/child-custody-visitation-37/my-son-accident-my-care-458657.html#post2204251

So... how many children do you have who are ill?

 

[MichelleGilliam]

Actually he does have a disabled child where his new wife stays at home with and has a nurse to help her to boot. I am at home by myself. I don't know where my son's dad is to even get help from him. My son's dad keeps saying that he wants to give up his rights because he cannot handle his disabilities. I have tried to get help with my son so I could go to work but there is not any out there. Plus he has so many doctors appointments, therapy appointments, and several surgeries that I don't even see someone hiring me because of that. His doctors say that inless I have him put in an institution that I would not be able to work. I am not putting my son in an institution. And for the matter of CSE saying that it would be okay to stay at home with his child. They did tell him that if he had a doctors statement saying that he had to be home with his daughter then they would take it into consideration. Also when we went to court when it was calculated I had to present the letter before the judge and he excepted that I needed to be at home with my son.

 

[MichelleGilliam]

I have two children who are ill. My oldest son who lives with his dad was diagnosed in January with three conginital heart defect and my youngest was born with his disibilities.