Much Needed Advice!!!

[4children]

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

Hello Everyone,

This question may have been asked before. I know that every case is different. And, I also know that you-all like full details. (Please bare with me.)

My kids father and I are going through a Custody battle. When, I say battle, yes it's going to get deep. I'm not going to get into that right now. My main concern at this time, is a question about the Child Support. We went to court a couple weeks ago for child support. I was the one (Mom) that petition for the CS. When, we arrived for the court date. He lied so much, that I couldn't believe, that this was the man I choose to have kids with. My question is-

1. Can he (My kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children. I have 1 other dependant that I did get credit for, $399. And, that was subtracted from my gross income. But, when the Judge got to his on the guideline. He (added) $502 to his. Which may just be a mistake. Don't know why he added it. We have joint legal between us. But, the kids are with me more now. With Dad 5 hours a day M-F. With Me (Mom) every week-end, and every night. Sorry for rambling. Just need the answer to this question:


Can he (Our kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children

Thanks in advance,

 

[Isis1]

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

Hello Everyone,

This question may have been asked before. I know that every case is different. And, I also know that you-all like full details. (Please bare with me.)

My kids father and I are going through a Custody battle. When, I say battle, yes it's going to get deep. I'm not going to get into that right now. My main concern at this time, is a question about the Child Support. We went to court a couple weeks ago for child support. I was the one (Mom) that petition for the CS. When, we arrived for the court date. He lied so much, that I couldn't believe, that this was the man I choose to have kids with. My question is-

1. Can he (My kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children. I have 1 other dependant that I did get credit for, $399. And, that was subtracted from my gross income. But, when the Judge got to his on the guideline. He (added) $502 to his. Which may just be a mistake. Don't know why he added it. We have joint legal between us. But, the kids are with me more now. With Dad 5 hours a day M-F. With Me (Mom) every week-end, and every night. Sorry for rambling. Just need the answer to this question:


Can he (Our kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children

Thanks in advance,

no. dad is not bound by law to support this child.

 

[4children]

Thanks IsabellaSoriano,

That's One more thing I have to work on.

Ex is trying to convince the Court that she (girlfriend daughter) is a dependant. I don't have a problem if she is his dependant. But, I don't like it that he lies to get his CS decreased. That's taking away from our kids, that he say he Loves so much. When Ex was served the CS order, he even took the only transportation I had. (It was in his name.)I waited eight years to file for child support. He asked the Judge, why does he have to pay me anything. Even though he only spend 20 hours a week with them. Go figure. (I was Mentally and Emotionally abused by him). I let him pull all the strings. (I was just so weak). Oh yes, he's Very Controlling. But, now I'm stronger. And, getting away from him has been pure h***. Everything, I do to try and make life better for me and my kids, he try to throw a wrench in it. Not aware that he's hurting our kids. Why don't they see it? I'm not a bitter woman. But, a man like this one, will try to steal your joy. I'm not about to let that happen! Just venting!

 

[2Mistakes]

You said that you got $399 credit for another dependent.

Who is that dependent?

 

[4children]

She's my biological daughter, but not Ex biological daughter.
On the Support Guidelines Worksheet: And, when asked by Judge: If, there were anymore dependents living with either of us! Guideline states:

Deductions from Monthly Gross Income allowable by Law

Mother- 399 Dad- 502

And Dad doesn't have another Dependent living with him, but he swear that he does. The child he is claiming, other than Our two, has a dad. And, she was born years before my Ex meet her Mom. Our children even say he doesn't have anyone else living with him. They aren't there much. But, I feel they are telling the truth. This is what our daughters told the people from the home study. And, also what Dad said, until I filed for Child Support. I'm going to stop letting this bother me. But, I will prove him wrong in due time . I will support Our children with or without his help. Because, God has the last word. I really would Love to not have his help at all. You can see I have to practice more on getting over this. You asked me one question and I'm going on and on. Let, it go already, some may say.

(But, I'm thankful for all the advice.)

 

[truebluemd]

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

Hello Everyone,

This question may have been asked before. I know that every case is different. And, I also know that you-all like full details. (Please bare with me.)

My kids father and I are going through a Custody battle. When, I say battle, yes it's going to get deep. I'm not going to get into that right now. My main concern at this time, is a question about the Child Support. We went to court a couple weeks ago for child support. I was the one (Mom) that petition for the CS. When, we arrived for the court date. He lied so much, that I couldn't believe, that this was the man I choose to have kids with.

BTDT

My question is-

1. Can he (My kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children.

NO

I have 1 other dependant that I did get credit for, $399. And, that was subtracted from my gross income. But, when the Judge got to his on the guideline. He (added) $502 to his. Which may just be a mistake. Don't know why he added it.

Are you saying you have a court order to pay 399/month for another one of your kids not living with you?

502 for what? Another child support order for another child?

We have joint legal between us.But, the kids are with me more now. With Dad 5 hours a day M-F. With Me (Mom) every week-end, and every night. Sorry for rambling. Just need the answer to this question:

Joint legal is only for decision making. It seems you have primary custody. What exactly does your order say with regard to custody

Can he (Our kids Dad) get credit for a live-in girlfriend daugther, which is not his Biological child, when figuring child support for our children

Thanks in advance,

Again no?

 

[truebluemd]

She's my biological daughter, but not Ex biological daughter.
On the Support Guidelines Worksheet: And, when asked by Judge: If, there were anymore dependents living with either of us! Guideline states:

Deductions from Monthly Gross Income allowable by Law

Mother- 399 Dad- 502

And Dad doesn't have another Dependent living with him, but he swear that he does. The child he is claiming, other than Our two, has a dad. And, she was born years before my Ex meet her Mom. Our children even say he doesn't have anyone else living with him. They aren't there much. But, I feel they are telling the truth. This is what our daughters told the people from the home study. And, also what Dad said, until I filed for Child Support. I'm going to stop letting this bother me. But, I will prove him wrong in due time . I will support Our children with or without his help. Because, God has the last word. I really would Love to not have his help at all. You can see I have to practice more on getting over this. You asked me one question and I'm going on and on. Let, it go already, some may say.

(But, I'm thankful for all the advice.)

Niether of you should be getting credit toward an income reduction unless you are paying child support for another child. Does your other child live with you?

 

[4children]

Trying to answer some of the questions asked, hope it's not to much information.

Q. Are you saying you have a court order to pay 399/month for another one of your kids not living with you?

A. OH No! My 12 year old lives with me. Her father is deceased. I'm the only one she lives with.

Q. 502 for what? Another child support order for another child?

A. No, dad doesn't have another child, besides our 2. And, the child he told the court that's living with him is not his Biological child. They, took his word for it. I showed my other dependent Birth certificate. And, I also had proof that she was my Biological daughter. ( Deceased father SSA Benefits) which I had to provide as part of my gross income.

The $502.00 for some reason was added to the father Gross Income for the 2 children which I'm seeking CS for.
Figures from the Court states:
*Guideline Calculation Children (2)

Mom
Gross 2,526
1 child 399
-------
2,127

Dad
Gross 3,519
1 child 502
-------
4,021
Percentage of Combined Gross Income
Mom 34%
Dad 66%


Each parent's Custody Share
Mom- 65%
Dad- 36%




Quote:
We have joint legal between us. But, the kids are with me more now. With Dad 5 hours a day M-F. With Me (Mom) every week-end, and every night. Sorry for rambling. Just need the answer to this question:

Joint legal is only for decision making. It seems you have primary custody.

Q. What exactly does your order say with regard to custody

A. Custody was ordered in 2001-2004 (2 children) Memorandum of Agreement:
Both parents agree to share Joint Legal and Physical Custody of Child. There was no Child Support order at that time. We worked on the same job, and made the same amount of money. We both had a great paying job. Job moved to another state.


-Niether of you should be getting credit toward an income reduction unless you are paying child support for another child.

A. No, I'm not paying child support for my other Daughter. Her Dad is deceased. And, she receives his SSA. She lives with me.

Q. Does your other child live with you?
A. Yes. I'm the only one she lives with since her Father passed.

 

[truebluemd]

I just checked the VA calculator and it looks like you get credit for your biological kids living with you that are not between you and dad. Therefore, that 399 credit is correct. I still dont know wheer the 502 increase in dad's income came from. Use the calculator and read the VA child support guidelines

 

[amcarter]

Let me tell you what I know from my own court experience. Your ex can NOT claim a deduction for a non-bilogical child, even if that child DOES reside with him full time UNLESS he legally adopts that child. My ex's wife got her ex to relinquish all parental rights to her two daughters and my ex adopted them. However, the judge in our court when told by my ex's wife that he had adopted her 2 girls, told her to a)butt out and b)that the adoption of those 2 children was my ex's CHOICE and that even though he'd adopted them legally, those 2 children would NOT be used to either reduce his child support obligation for our daughter or get his child support for our daughter terminated (which his wife tried to get done). I would definitely go BACK before the judge and get this point straightend out. Although I live in North Carolina, I can't believe laws across the state would be so varied. He is not that child's biological parent, so in my state, he would NOT be given any credit for that child, even if she lives full time with him, for figuring child support payments for his 2 biological children that reside with you. Go back to court, do not let him get away with this. God may make him & my ex pay for their neglect and sins someday...but today, in this world, he should be paying every single dime he's legally entitled to pay to help support the 2 children he helped bring into this world. Strengthen your resolve and get the money you are entitled to that helps you provide the best life possible for your two children!

 

[4children]

truebluemd,

I've been over the calculations many times. And, I can't figure it out. The only thing I'm coming up with is the live-in child. That's not a Biological child to Dad. X should have to prove that. He also lied to the Judge that he works 32 hours a week instead of 40. He was supposed to have brought in his last four check stubs, and only brought in 1. Guess which one, yes the last one. I'm getting all my ducks in a row before the next Custody date. I'm working with the Devil
Advocate. (Literally)

 

[truebluemd]

truebluemd,

I've been over the calculations many times. And, I can't figure it out. The only thing I'm coming up with is the live-in child. That's not a Biological child to Dad. X should have to prove that. He also lied to the Judge that he works 32 hours a week instead of 40. He was supposed to have brought in his last four check stubs, and only brought in 1. Guess which one, yes the last one. I'm getting all my ducks in a row before the next Custody date. I'm working with the Devil
Advocate. (Literally)

When I look at teh info you gave me, dad did not get credit for the other child. What happened is that his gross income got increased by 502, but I dont know why. If he got credit for gf child, his income would decrease, which in turn decreases the combined child support and his percentage.

What I dont understand, is why your share is 65 percent when he makes more than you. I put the number in my self and his share is about 60 percent. Is daycare involved. Who pays health insurance, how much. If you send me the numbers, Ill try to run them for you on the worksheet

 

[4children]

Thanks amcarter,

You are right. Even though things seem tough at the time,
and I know that we should walk by Faith and not by Sight. It does get hard at times. Especially, when we try to live right. And, treat others the way we want to be treated. Knowing that someone you will never do any harm to will do everything they can to destroy you. And, at the same time hurt the kids they say they love. I am going to get to the bottom of all his lies. I'm notifying the kids Guardian Ad Litem and doing everything he recommends. He's really patient with me. And, he also comes highly recommended. He knows of X lies also.

 

[Perky]

What I dont understand, is why your share is 65 percent when he makes more than you.

That's the custody share, not the support share.

I'm wondering if the SS benefit complicates things.

 

[truebluemd]

That's the custody share, not the support share.

I'm wondering if the SS benefit complicates things.

Oh ok. No, the ss benefit was not included. Apparently in VA, each parent can get credit for legal kids living with them other than the kids involved in the child support matter. I've rarely seen this, but apparently in VA they take other legal dependents into consideration to determine child support. Funny, a lot of parent come asking this question, though most states don't give that kind of credit.

Adjustments to Income:
Adjustments to income means subtracting and adding income based on certain factors.

Subtract the monthly amount you pay to this or any other ex-spouse.

Add the monthly amount of spousal support you receive from this or any other ex-spouse.

Enter the number of legal dependent children living with you. Legal dependent children refers to any children (under the age of 18) that are from a previous relationship and not children included in this calculation. The other party to this calculation is the step-parent.

Include the monthly amount you pay for child support as a result of a court order or written agreement for other legal dependents that do not reside with you.

The 399 is for her other child whose father is deceased