Questions about child support

[gatorfan1]

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

Ok, I feel it coming once again. I believe my ex is gearing up to take me back to court for more child support once again. Brief history...we have joint custody of our daughter, with her as the Custodial Parent. She took me to court approximately 4 yrs ago for more child support. She was able to drag it out for three years and was just finalized January 2008. (this was after my attorney had to take it in to the judge because she couldn't ever get a response from my ex's attorney who could never get a hold of my ex)

So now she is behind on her Sept. and Oct. house payment (which I am cosigned on), she is taking our daughter to doctor's appts. and going to specialists.

She is (in my opinion) trying to create doctor's bills-which she did last time she took me to court but that was with psychiatrists and such. She gets even further behind on her house payment then normal and then goes in to court crying that she can't make her house payment and she has all sorts of doctor bills.

She knows I started a new job earlier this year. However, I actually make less now then I did with my old job.

My questions are....Does my change in job allow her to take me back even though it hasn't been three years?

I believe she will try to say that she is making less than when we originally went to court. (She got fired from that job. She is working now but only works a couple of days a week) Will her lower paying job and the fact that she only works about 20 or so hours a week (by her choice) be considered?

And I believe I already know the answer to this but will my wife's income be imputed? I don't believe it can be but when it comes time to fill out the financial affidavit, it will show that I don't even have enough money to pay my bills. Together, me and my wife do just fine but if it were only my income, we'd never make it.

BTW...how strong is her argument that she can't make her house payment and pay doctor bills if her house payment is only $550 per month and I pay her $800 a month in child support and pay half of the copay's for the doctors?

Sorry this is so long. I appreciate any advice. Thanks in advance!

 

[nextwife]

It's NOT your responsibility to SUPPORT HER and cover HER house payments. She'd need to pay for a roof over her head and a home to live in even if she had been sterile. It is HER responsibility to support herself and to SHARE the cost of supporting her kids. It is your responsibility to share the cost of supporting those kids as well. She should be imputed a full time income. She is voluntarilly underemployed. She could even get a second part time job.

(Betcha she's the same age I was when I was working a full time AND a part time job, plus an extra "trunk sale" job that I would do quarterly, helping out at ex employer a few times a year for special events. Women who barely work, and aren't paying sufficiently into retitrement plans and social security are setting themselves up for a pretty dismal financial future, once CS stops.)

 

[gatorfan1]

It's NOT your responsibility to SUPPORT HER and cover HER house payments. She'd need to pay for a roof over her head and a home to live in even if she had been sterile. It is HER responsibility to support herself and to SHARE the cost of supporting her kids. It is your responsibility to share the cost of supporting those kids as well. She should be imputed a full time income. She is voluntarilly underemployed. She could even get a second part time job.

(Betcha she's the same age I was when I was working a full time AND a part time job, plus an extra "trunk sale" job that I would do quarterly, helping out at ex employer a few times a year for special events. Women who barely work, and aren't paying sufficiently into retitrement plans and social security are setting themselves up for a pretty dismal financial future, once CS stops.)

Thank you for your response and I completely agree. I have absolutely no problem supporting my daughter but I do feel it should be a joint effort. It has always been this way. Since we've divorced nine years ago she's had 6 different jobs--that I know of. And I'd wager to say that 38 is old enough to be able to support oneself. I am very curious to see how long it takes the house that I co-signed on w/her to be repossessed once she is no longer receiving child support. The mortgage company has sent her foreclosure notices a few times and I always worry about what will happen to our daughter if they actually do get fed up with her late payments.

I am just afraid that she will go back into court with her same old sob story and have a judge buy that she's the poor single parent that is doing all she can to raise our daughter and I'm just this deadbeat dad that won't bow down and offer her more child support when I feel that I am already paying a very decent amount (I could probably get it lowered due to my new job, but don't want my daughter to suffer) and trying to take care of the three children I have with my current wife. I don't want any of my kids to have to suffer.

 

[lancer0325]

i am being sued for back child support, and have no money for a lawyer what do I do?

 

[Isis1]

i am being sued for back child support, and have no money for a lawyer what do I do?

this is called hi-jacking. please start your own thread.