School Loans, GI Bill & Child Support

[johnnyboy84]

What is the name of your state (only U.S. law)? CA
I am the custodial parent of a 5 y/o boy (mother has 1% custody) and an 8 month girl with my fiancee. The mother is currently a full-time student, receiving loans, the Post-9/11 GI Bill, the BOG fee waiver, the Pell Grant, and VA disabilty (30%). She pays $420/month in child support, which was being garnished from unemployment before she started school. My fiancee works a full-time job and I work a part-time job & take care of the children the other part.

Questions:
Can the court force the noncustodial parent to get a job, even as a full-time student?
If so, can they force her to get a full-time job?
Will her loans, GI bill, VA disability count as income for child-support?
She will be getting married soon, so will her husband's income count?

Thank you!

 

[Proserpina]

What is the name of your state (only U.S. law)? CA
I am the custodial parent of a 5 y/o boy (mother has 1% custody) and an 8 month girl with my fiancee. The mother is currently a full-time student, receiving loans, the Post-9/11 GI Bill, the BOG fee waiver, the Pell Grant, and VA disabilty (30%). She pays $420/month in child support, which was being garnished from unemployment before she started school. My fiancee works a full-time job and I work a part-time job & take care of the children the other part.

Questions:
Can the court force the noncustodial parent to get a job, even as a full-time student?

No. But the NCP can be imputed a wage and will still be responsible for child support (if ordered).

If so, can they force her to get a full-time job?

Ditto.

Will her loans, GI bill, VA disability count as income for child-support?
She will be getting married soon, so will her husband's income count?

Thank you!

Husband's income is generally not considered when calculating child support...but the numbers can be plugged into this calculator and give a fair indication of what's likely:

Calculate Child Support

 

[johnnyboy84]

Thank you for the info dogmatique!

Do you know if her federal & private loans, GI bill and VA disability count as income or whatever for determining child-support?

 

[my life is mine]

so you are wanting her school loans which she will have to pay back to be considered as income? Come on, so in other words she will have to pay twice??

Her GI Bill she earned by being military, she gave up alot to receive that.

Her income from VA disabilty may or may not be used but if she is already ordered 420.00 a month as a full time student that is receiving unemployment I would leave it the heck alone.

Her to be husbands income is none of your business or should not be.

 

[Proserpina]

Thank you for the info dogmatique!

Do you know if her federal & private loans, GI bill and VA disability count as income or whatever for determining child-support?

Are you trying to get the amount raised?

 

[stealth2]

lf her husband's income should count, so should your wife's. AND you should be imputed for being under-employed. That sounds fair, don't you think? You're as responsible for providing financially for your kid(s) as the NCP is. Mom's not going to be responsible for your underemployment to care for your other child.

 

[Proserpina]

lf her husband's income should count, so should your wife's. AND you should be imputed for being under-employed. That sounds fair, don't you think? You're as responsible for providing financially for your kid(s) as the NCP is. Mom's not going to be responsible for your underemployment to care for your other child.

I'm getting the distinct impression that this isn't ex....but ex's new wife

 

[johnnyboy84]

Wow! This thread got mean fast!

so you are wanting her school loans which she will have to pay back to be considered as income? Come on, so in other words she will have to pay twice??

Her GI Bill she earned by being military, she gave up alot to receive that.

Yes! That is EXACTLY what I think! The military is very hard work, and one should be entitled to use the GI Bill, which they earned through sweat, blood & tears, for SCHOOL!

Her income from VA disabilty may or may not be used but if she is already ordered 420.00 a month as a full time student that is receiving unemployment I would leave it the heck alone.

sounds fair to me!

Her to be husbands income is none of your business or should not be.

agreed!

actually, this IS DAD, however, the situation is exactly the opposite! I am the three time Iraq war vet with 30%+ (some conditions still pending) disability, physical & some emotional, who joined the military to help pay for college & for benefits for my son. Before I was discharged, mom moved out of state without my permission. Now there is a custody battle & child support battle!

She wants the courts to take away from my GI Bill, my disability, school loans, and she's asking that I obtain a full time job while a full-time student and pay all of health insurance. I am paying for dental, can't afford medical for him at this moment, but he has it through her. I try to visit him out of my own pocket as much as possible, but it's clear across the country, so it hasn't been too much since she fled California. I agree with you all!

We are both responsible for our son, and I've been doing my part for the past 5 years. She's been underemployed the whole time and receiving medical (while in CA), but she claims that her job is stay-at-home mother, which I respect, however, it probably wouldn't fly if I wanted to be a stay-at-home dad.

I worked hard in the military so I could focus on school when it was time. Now, she's asking the courts to put me in a situation where I may need to drop-out and move back in with my parents, as I won't be able to afford rent if they raise child support anymore.

Now, the QUESTION is: can the courts take from MY GI bill, disability, schools loans & force me to get a full-time job? I already found a part-time job on campus because child-support requested it, but I can only work a max of 15 hrs per week, and she's saying it's not enough. What am I looking against here?

 

[TinkerBelleLuvr]

if this is taking place in California, based on what my son is going thru:

1. they'll consider the GI bill as income
2. they'll consider the disability check as income
3. loans are exactly that - they are loans, not income.
4. they'll look at an income of minimum wage and see how items 1 & 2 muster up against that.

In California, they do take into consideration time spent with children. So, who moved?

 

[Proserpina]

Wow! This thread got mean fast!



Yes! That is EXACTLY what I think! The military is very hard work, and one should be entitled to use the GI Bill, which they earned through sweat, blood & tears, for SCHOOL!



sounds fair to me!



agreed!

actually, this IS DAD, however, the situation is exactly the opposite! I am the three time Iraq war vet with 30%+ (some conditions still pending) disability, physical & some emotional, who joined the military to help pay for college & for benefits for my son. Before I was discharged, mom moved out of state without my permission. Now there is a custody battle & child support battle!

She wants the courts to take away from my GI Bill, my disability, school loans, and she's asking that I obtain a full time job while a full-time student and pay all of health insurance. I am paying for dental, can't afford medical for him at this moment, but he has it through her. I try to visit him out of my own pocket as much as possible, but it's clear across the country, so it hasn't been too much since she fled California. I agree with you all!

We are both responsible for our son, and I've been doing my part for the past 5 years. She's been underemployed the whole time and receiving medical (while in CA), but she claims that her job is stay-at-home mother, which I respect, however, it probably wouldn't fly if I wanted to be a stay-at-home dad.

I worked hard in the military so I could focus on school when it was time. Now, she's asking the courts to put me in a situation where I may need to drop-out and move back in with my parents, as I won't be able to afford rent if they raise child support anymore.

Now, the QUESTION is: can the courts take from MY GI bill, disability, schools loans & force me to get a full-time job? I already found a part-time job on campus because child-support requested it, but I can only work a max of 15 hrs per week, and she's saying it's not enough. What am I looking against here?

You were not honest with us. You gave us information implying that it was MOM's GI bill, disability, school loans etc. Why was that?

 

[johnnyboy84]

if this is taking place in California, based on what my son is going thru:

1. they'll consider the GI bill as income
2. they'll consider the disability check as income
3. loans are exactly that - they are loans, not income.
4. they'll look at an income of minimum wage and see how items 1 & 2 muster up against that.

In California, they do take into consideration time spent with children. So, who moved?

thank you for answering my question!

I was stationed in Southern CA but maintained residency in my hometown (also CA), where my son was living. I asked her for partial custody once I was discharged, she refused, so I told her I would submit an order for modification of custody. She moved one month before I was discharged and cancelled her phone, telling me she couldn't afford it but saying she & my son would still be at the same address. She never notified me or the courts of her move to the East Coast, leaving me to think she was still there. It wasn't until she couldn't be found to subpoena and a lot of drama, that I finally found out where she had taken my son. Child support services & CPS couldn't help me with an address or phone number, which is understandable.

Now, I only have 1% custody, she asked the courts to allow me to call my son ONLY 2 times per week, at her discretion. She wants supervised visitation when I visit him on the east coast because she claims to not trust me, despite my frequent & alone visitations with him while I was not deployed. She encourages him to not call me dad, & that I'm only his biological father, but not REAL father, and for him to say he doesn't love me. I don't try to push him, but it will only end up hurting my son in the end. I know this is irrelevant, just ranting. This is my situation, but luckily, jurisdiction is still in CA!

 

[johnnyboy84]

You were not honest with us. You gave us information implying that it was MOM's GI bill, disability, school loans etc. Why was that?

to put it in better perspective for myself & others. does it really make a difference? the story is the same, just flipped around.

people can make their pre-judgments, but I just wanted my question answered, and that's it!

 

[Proserpina]

to put it in better perspective for myself & others. does it really make a difference? the story is the same, just flipped around.

people can make their pre-judgments, but I just wanted my question answered, and that's it!

If you want to be seen as credible, yes it does make a difference. Do you suspect to be treated differently in court because of your gender? What?

Because if you lie, mislead or otherwise hide the truth why should we believe you about anything else?

It's really not difficult.

 

[johnnyboy84]

If you want to be seen as credible, yes it does make a difference. Do you suspect to be treated differently in court because of your gender? What?

Because if you lie, mislead or otherwise hide the truth why should we believe you about anything else?

It's really not difficult.

And this is really not difficult either:
Think of this as a hypothetical situation followed by a question of ethics. I don't need you to believe me, and you are not the court. All I'm asking for is an answer to my questions. They've been answered, except for:

Does it really make a difference for YOU whether it was the mom's GI Bill, etc. vs, the dad's? I'm not asking if it would make a difference in court, I'm asking if you would have given similar responses if it had been phrased the other way around! If it does make a difference, WHY?!? If it doesn't matter, why do you need to know whether I'm male or female and if I'm telling the truth to answer a simple question that has nothing to do with my character?

 

[Proserpina]

And this is really not difficult either:
Think of this as a hypothetical situation followed by a question of ethics. I don't need you to believe me, and you are not the court. All I'm asking for is an answer to my questions. They've been answered, except for:

Does it really make a difference for YOU whether it was the mom's GI Bill, etc. vs, the dad's? I'm not asking if it would make a difference in court, I'm asking if you would have given similar responses if it had been phrased the other way around! If it does make a difference, WHY?!? If it doesn't matter, why do you need to know whether I'm male or female and if I'm telling the truth to answer a simple question that has nothing to do with my character?

Do you understand what the word "credibility" means?

Good luck. I hope the children are healthy, well-adjusted and cared for.