Indiana, law about Child support and college fees?

[vikkilui]

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


Here's the basic situation of our family. My husband divorced in 2003 with 3 kids born in 1996,1998,2000, they are living with their mom. Since the day they divorce, my husband pays child support every week. We married in July, 2008 and have a daughter who is 14 months now. Here's my questions:

1. Since my husband is remarried and have one more child to support, can we adjust and reduce the child support? I caculated once, those 3 kids cost about 35% of total cash my husband can bring home, however we have to pay loan, gas, grocery, medial bills, tax ect.

2. When the other 3 kids goes to college, Do their mom pay for their college or my husband has to pay all by himeself alone?how much my husband suppose to pay for either instate or out state college? If their mom has to pay too, how much she is suppose to pay?

There's some minor questions I am looking for the answer too.

1. Their mom suppose to work after divorce(listed in divorce paper), but she never did. We know that she is using kids money on her. I wonder what we can do to make sure kids money are well used on kids?
2. Child suppost is based on my husband's salary. My husband told me any other income he makes, for example, stock, heritage, his ex-wife still gets the share. I feel it is not fair. She got hers when they divorced. We could do nothing if she made money in stock or heritage, while she can get whatever we make!Is there any way we could keep money from stock, or heritage for ourselves?
3. My husband was fooled during divorce, they put off divorce and made their marriage lasted 10 years and 6 days. He told me because of this, she is authorized to take half of his retirment money when the time he gets his retirment. Is it true? Is their any way to avoid this?
4. The other 3 kids spend about 100 days with us while the money still goes to their mom. I wonder whether it is possible that we don't have to pay for the times the kids are with us.

Looking forward to read your answer!

Thank you all for the help!

 

[Proserpina]

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


Here's the basic situation of our family. My husband divorced in 2003 with 3 kids born in 1996,1998,2000, they are living with their mom. Since the day they divorce, my husband pays child support every week. We married in July, 2008 and have a daughter who is 14 months now. Here's my questions:

1. Since my husband is remarried and have one more child to support, can we adjust and reduce the child support? I caculated once, those 3 kids cost about 35% of total cash my husband can bring home, however we have to pay loan, gas, grocery, medial bills, tax ect.

Dad still has to support ALL of his children. Is there a reason the first three should go without because a fourth was born?

2. When the other 3 kids goes to college, Do their mom pay for their college or my husband has to pay all by himeself alone?how much my husband suppose to pay for either instate or out state college? If their mom has to pay too, how much she is suppose to pay?

No idea - depends on how his order has been written.

There's some minor questions I am looking for the answer too.

1. Their mom suppose to work after divorce(listed in divorce paper), but she never did. We know that she is using kids money on her. I wonder what we can do to make sure kids money are well used on kids?

Neither of you get to dictate how Mom can use the money - provided the kids are fed, housed and clothed she can spend every time on mani/pedis if she so chooses.

2. Child suppost is based on my husband's salary. My husband told me any other income he makes, for example, stock, heritage, his ex-wife still gets the share. I feel it is not fair. She got hers when they divorced. We could do nothing if she made money in stock or heritage, while she can get whatever we make!Is there any way we could keep money from stock, or heritage for ourselves?

The law cares not for how you feel.

3. My husband was fooled during divorce, they put off divorce and made their marriage lasted 10 years and 6 days. He told me because of this, she is authorized to take half of his retirment money when the time he gets his retirment. Is it true? Is their any way to avoid this?

Please get him to come here and ask his questions.

4. The other 3 kids spend about 100 days with us while the money still goes to their mom. I wonder whether it is possible that we don't have to pay for the times the kids are with us.

Nope. And YOU are not a matter to this at all. Step back, and have Dad come here. He's the only one who'll have the answers to the questions he's likely to be asked.

Looking forward to read your answer!

Thank you all for the help!

You're welcome. Go get Dad.

 

[Zigner]

I feel it is not fair.

Good thing for the kids that you don't matter...(legally speaking)

 

[Antigone*]

You and your child(ren) matter not when it comes to the support that must be paid to his children. They came prior to you and have priority.

When it comes to the children's college that is between dad, and mom. It may or may not be addressed in the divorce agreement, but then again, it is none of your business.

What is not "fair" here is that new woman comes into dad's life and wants to impede on his responsbilities to his children ~ that is certainly not fair...not fair at all.

 

[hvyhttr]

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

-I too am from Indiana and have dealt with much the same. I a father in the same situation. My fiance' is dealing with what you are dealing with.

Here's the basic situation of our family. My husband divorced in 2003 with 3 kids born in 1996,1998,2000, they are living with their mom. Since the day they divorce, my husband pays child support every week. We married in July, 2008 and have a daughter who is 14 months now. Here's my questions:
1. Since my husband is remarried and have one more child to support, can we adjust and reduce the child support? I caculated once, those 3 kids cost about 35% of total cash my husband can bring home, however we have to pay loan, gas, grocery, medial bills, tax ect.

-Yes, you can adjust support. But it won't be as much as you think. In Indiana, your child does not deserve as much as his previous children.

2. When the other 3 kids goes to college, Do their mom pay for their college or my husband has to pay all by himeself alone?how much my husband suppose to pay for either instate or out state college? If their mom has to pay too, how much she is suppose to pay?

-It should be based on income percentages, but should have been addressed in their divorce decree. If she is not working, then it should be based on her earning capacity.

There's some minor questions I am looking for the answer too.

1. Their mom suppose to work after divorce(listed in divorce paper), but she never did. We know that she is using kids money on her. I wonder what we can do to make sure kids money are well used on kids?

-Go through the court system, she is in contempt.

2. Child suppost is based on my husband's salary. My husband told me any other income he makes, for example, stock, heritage, his ex-wife still gets the share. I feel it is not fair. She got hers when they divorced. We could do nothing if she made money in stock or heritage, while she can get whatever we make!Is there any way we could keep money from stock, or heritage for ourselves?

-Everything you listed is considered income. Why shouldn't it be considered. I understand you think the mother is not passing that money onto the children, but if she was, they deserve to share in what your husband gets. Again, if she is not following what was in the decree...then go through the court.

3. My husband was fooled during divorce, they put off divorce and made their marriage lasted 10 years and 6 days. He told me because of this, she is authorized to take half of his retirment money when the time he gets his retirment. Is it true? Is their any way to avoid this?

-Your key words are "they" put off divorce. I think Indiana is a non-alimony state, however, if you are talking about military retirement, then you are correct...she gets half.

4. The other 3 kids spend about 100 days with us while the money still goes to their mom. I wonder whether it is possible that we don't have to pay for the times the kids are with us.

-Indiana uses a child support calculator. If this was used and filled out properly, your husband is getting credit for the 100 days per year of parenting time...so, those days are taken into account already.

Looking forward to read your answer!

Thank you all for the help!

 

[Antigone*]

1. Their mom suppose to work after divorce(listed in divorce paper), but she never did. We know that she is using kids money on her. I wonder what we can do to make sure kids money are well used on kids?[/I]

-Go through the court system, she is in contempt.

[/I]

You have no clue hvyhttr

To the OP ~ If the children have a roof over their heads, food in their tummies and clothes on their back they are being taken care of. You have no say in how the money is used. She can go to a U2 concert with the child support money ~ or she can go see the Indianapolis Colts kick the butts of the New England Patriots if she feels like it and you don't have a damned thing to say about it.

To the responder ~ please don't post if you have not clue, and really...you don't.

 

[Proserpina]

. But it won't be as much as you think. In Indiana, your child does not deserve as much as his previous children.

In every state in this nation all children deserve to be supported - if Dad couldn't afford it, Dad shouldn't have had a fourth.

1. Their mom suppose to work after divorce(listed in divorce paper), but she never did. We know that she is using kids money on her. I wonder what we can do to make sure kids money are well used on kids?[/I]

-Go through the court system, she is in contempt.

Good luck with that one. Seriously. While she may technically be in contempt there's virtually no way that Dad is going to force Mom to account for how the child support is spent and even if the decree DOES state Mom has to work I highly doubt that is going to be enforced. In fact I can pretty much guarantee that she won't be forced to work.

Mom can, however, be imputed a wage....

3. My husband was fooled during divorce, they put off divorce and made their marriage lasted 10 years and 6 days. He told me because of this, she is authorized to take half of his retirment money when the time he gets his retirment. Is it true? Is their any way to avoid this?

-Your key words are "they" put off divorce. I think Indiana is a non-alimony state, however, if you are talking about military retirement, then you are correct...she gets half.

Alimony and a pension are not the same thing - ex could well be entitled to the pension whether or not it's military.

 

[hvyhttr]

You have no clue hvyhttr

To the OP ~ If the children have a roof over their heads, food in their tummies and clothes on their back they are being taken care of. You have no say in how the money is used. She can go to a U2 concert with the child support money ~ or she can go see the Indianapolis Colts kick the butts of the New England Patriots if she feels like it and you don't have a damned thing to say about it.

To the responder ~ please don't post if you have not clue, and really...you don't.

So...you are telling me, that even if it stated in the decree, "both parents will maintain a job to bring in income to support the children" and she does not do it...there is nothing wrong with that? I was under the impression that the decree was a legal document that had to be followed...So what parts of the decree do I need to be concerned with then? Which parts do I need to make sure are followed on both ends?

 

[Proserpina]

So...you are telling me, that even if it stated in the decree, "both parents will maintain a job to bring in income to support the children" and she does not do it...there is nothing wrong with that? I was under the impression that the decree was a legal document that had to be followed...So what parts of the decree do I need to be concerned with then? Which parts do I need to make sure are followed on both ends?

Please add to your own thread - don't hijack this one.

(and no, that's NOT what Antigone said at all)

 

[Antigone*]

So...you are telling me, that even if it stated in the decree, "both parents will maintain a job to bring in income to support the children" and she does not do it...there is nothing wrong with that? I was under the impression that the decree was a legal document that had to be followed...So what parts of the decree do I need to be concerned with then? Which parts do I need to make sure are followed on both ends?

Here is the problem with this person's situation....it is not her situation to be worried about. So what mom doesn't work and the decree says she has to. The worst that will happen is that a wage will be imputed. Big deal, one may be already ~ you have no clue...not your decree. Not the OPs decree either.

 

[Proserpina]

I never said anything would come of going through the court. I simply said she was in contempt if she is not following the decree.

I know, from experience that the system is not fair. Regardless of what the state says, the father does not get a fair shake. My ex failed her court-ordered drug test, admitted that her biggest concern was what others would think of her if she did not maintain custody of the children, admitted to threatening harm on the children to manipulate me into relieving her of her motherly duties (later saying she said it to get me to do what she wanted), admitted to forging medical prescriptions in her dr office, and yet they still decided she deserved custody. Then when she just decided to drop them from her medical insurance, I willingly added them to mine (because I was not going to let them go without). I took her to court and she did not even get as much as a slap on the wrist. They didn't even make her pay me the money back that I had to continue to pay her for support to pay for medical insurance she was not paying for the previous 8 months.

Thanks for sharing. Now add your comments to your own thread

 

[LdiJ]

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


Here's the basic situation of our family. My husband divorced in 2003 with 3 kids born in 1996,1998,2000, they are living with their mom. Since the day they divorce, my husband pays child support every week. We married in July, 2008 and have a daughter who is 14 months now. Here's my questions:

1. Since my husband is remarried and have one more child to support, can we adjust and reduce the child support? I caculated once, those 3 kids cost about 35% of total cash my husband can bring home, however we have to pay loan, gas, grocery, medial bills, tax ect.

Your husband could file a motion to modify child support, but there isn't much of a reduction for a subsequent child, and if his income has increased at all since the last time child support was modified, his child support could actually increase.

2. When the other 3 kids goes to college, Do their mom pay for their college or my husband has to pay all by himeself alone?how much my husband suppose to pay for either instate or out state college? If their mom has to pay too, how much she is suppose to pay?

Since child support in Indiana goes to age 21 (particularly when the kids are in college) its fairly unusual for an ncp to be ordered to pay for college expenses. However, if an ncp is ordered to pay college expenses the way its divided is that the expenses after scholarships, grants and student loans are divided 1/3 mom, 1/3 dad, and 1/3 child.

There's some minor questions I am looking for the answer too.

1. Their mom suppose to work after divorce(listed in divorce paper), but she never did. We know that she is using kids money on her. I wonder what we can do to make sure kids money are well used on kids?

A court cannot make her work. A court also will not make her account to your husband how the child support is spent, unless the children are not clothed, housed and fed.

2. Child suppost is based on my husband's salary. My husband told me any other income he makes, for example, stock, heritage, his ex-wife still gets the share. I feel it is not fair. She got hers when they divorced. We could do nothing if she made money in stock or heritage, while she can get whatever we make!Is there any way we could keep money from stock, or heritage for ourselves?

Inheritances are separated property. However, other than that, all sources of income are included in the child support calculation in Indiana.

3. My husband was fooled during divorce, they put off divorce and made their marriage lasted 10 years and 6 days. He told me because of this, she is authorized to take half of his retirment money when the time he gets his retirment. Is it true? Is their any way to avoid this?

She would have been entitled to 1/2 of any retirement money that accrued during the marriage, no matter how long they had been married.

4. The other 3 kids spend about 100 days with us while the money still goes to their mom. I wonder whether it is possible that we don't have to pay for the times the kids are with us.

Your husband received a credit in the child support calculation that took into consideration the number of days per year that he has the children, so no, he doesn't get to not pay when they are with him.

 

[LdiJ]

So...you are telling me, that even if it stated in the decree, "both parents will maintain a job to bring in income to support the children" and she does not do it...there is nothing wrong with that? I was under the impression that the decree was a legal document that had to be followed...So what parts of the decree do I need to be concerned with then? Which parts do I need to make sure are followed on both ends?

Its not an enforceable order, because its a violation of a person's constitutional rights. A judge will often sign off on something like that, but wouldn't be able to actually enforce it.

Again, as long as the children are fed, clothed and housed the ncp has nothing to say regarding how the child support is spent.

 

[vikkilui]

mistake in my question.

I want to thank everyone for your quick and thoughtful responses to my questions. I espcially appreciate the 5th and 12th replies, which was very helpful.

Honestly, I also feel offended by some of answers too. I never meant not to take our responsibilities to take care of the other 3 kids, and I especially dislike the reply that the other 3 kids have more priority than mine, they suppose to be treated eaqual.

I am a Chinese and only been here for less than 1 year and a half. The stories my husband told me about his ex was unblievable. The US government always criticizes about human rights in China, but my husband's case and other divorced stories makes me feel no justice to men in US regards to divorce. If it's the case in China, kids would definitely under their dad's custody, and the ex would not take half of the property, including the money, property, social security my husband saved before knowing the ex. The one who is having affair would lost a lot more property in the court.

My husband's ex-wife never brought one penny of the her earning for the family before, in fact, she stopped working as soon as she pregnant, and since then never worked, so it's been about 14 years. She told my husband she'd rather starving than working in the factory. She should not work in a factory as she has a 2 year college education. The kids told me their mom is taking courses online. the first year I came, she suppose to graduated, but the kids told me their mom were cheated by school, so she did not graduate. This year she supposed to graduate, but she did not. She told the kids her current husband is having an affair, she's hurt and could not focus on study. I don't know when she will graduate. She told the kids they were going to build new house(living with her dad now)several years ago, but first she need to find a job, the problem is if she does not want to work, there's always excuses not be able to work. What I feel is that she is the typical one who is always a victim and every one should feel sorry for her.

I could not believe she required my husband to pretend her cousin when the man she was dating coming to pick her up. I could not believe she could chasing my husband around the house, tryingn to tell him all details about her dating with different man. There's no morality in her! My husband told me that the purpose she did that was hoping he'd hit her, so he'd lost the case and she'd have most of property during divorce. Where's the justice to protect man's dignity? Was it fair for a man? The court would say that a woman sacrifice her carrer to take care of man's kids, but what if she actually does not want to work? Their are not only their mom's kids, but also dad's, why dad can't have the custody of the kids while he loves kids even much more their mom? What's fair there? My husband said he'd never forget his mom's face when she told the lawyer that his ex-wife was having a fair and the lawyer said it does not matter. When his mom and he asked the lawyer whether they can have the kids, and they were told it would cost a lot of money and they may still lost the case. Why, why kids have to live with mom no matter those moms truely love kids or just have the kids as their tool to make money?

Will you feel fair that you work hard to support yourself and paying child support while the "mom" hanging around, jobless and still can buy new cars, furnitures and even luxury life? These 3 kids takes 35% of my husband's income, which makes us very limited money to live with and we have to strictly work on burget so that our debt would not increase too fast. My husband told me that it used to be a time that man has to pay their kids with ex college alone. Some evil mom would encourage the kids to go to college out state which the dads' could not offer and had to apply for bankrupt. What's the justice about this? Where's the law about protecting the dad's basic demand of living? I am very happy about the reply that each party is going to share 1/3 of the college as I think this is more fair. I would not have any complaint if I can be assured that kids money are well used on them, not their mom.

Being with the kids for a long time, I could tell their mom told them a lot bad words about their dad. I am and will always feel lucky that I have a great husband. I never heard him talking one bad words about their mom in front of them.I consider that as true love for the kids. No matter how bad he feels about their mom, he would not say one bad words about their mom, put them in contradiction and let them worry. Just like my husband said:" Their mom loves them, it's just a matter whether she love kids more than herself".

Our baby is only 14 months, even I know I should stay at home more to take care of her, but I need to work, and we need money. Morgage is like a moutain on ou shoulder. I also need to save money for my daughter's education. I have no time to waste. I would not complaint that I have to work in wal-mart as a casher while work in office as manager in China. As long as I can bring money back home, I'd be happy.

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


3. My husband was fooled during divorce, they put off divorce and made their marriage lasted 10 years and 6 days. He told me because of this, she is authorized to take half of his retirment money when the time he gets his retirment. Is it true? Is their any way to avoid this?

Sorry to make a mistake here. I actually meant Social Security, not retirment.

 

[Proserpina]

I want to thank everyone for your quick and thoughtful responses to my questions. I espcially appreciate the 5th and 12th replies, which was very helpful.


Sorry to make a mistake here. I actually meant Social Security, not retirment.

Then yes, the ex may be able to draw from her ex-husband's social security credits, if that was your question.