what are allowable deductions, and can step-parent income be used?

[ILOVEMYGSM3]

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

i've used this forum before, and after several months, we finally made it to mediation(my "husband's" ex filed the illegal divorce?)...

when we went to mediataion this past monday, the mediator stated my "husband" makes $6700/mo. he DOESN'T(working offshore, there are 3 months out of the year where he makes about 9 grand-before taxes-and they prorated his income)...either way, child support guidelines state that his child support SHOULD be like $1045. however, they say that his taxes(federal) are not allowable deductions. they counted my stepdaughters child support, and that was it. the statute i found online says that federal taxes, court ordered support(alimony or child) that is actually paid, as well as any insurance costs EXCLUDING the minor child in this/that case are considered allowable deductions, as well as any required 401k cont., union dues etc.....the mediator didnt take out federal taxes, nor my stepdaughters c/s. my "husband" and his ex tentatively agreed to a temporary order of $750/mo, while a trial is being set for march. we understand florida goes on gross, but if the statute states these items are allowable, then why is the mediator saying they are not? my "husband's" income is $69k, but after daughters c/s, it becomes $65.7k, and after federal taxes, it becomes more like $53k(that doesnt include med/SS as we know they aren't allowed). if you take out the insurance(not including cost for my stepson), it makes it right under $51k...yet the mediator didnt count any of these deductions, and when we look at the paper, it actually doesnt show my stepdaughters c/s either(it's on the paper, but it wasn't deducted from his pay)...how does that work?

also, since texas recognizes us in a "common-law"(which is why i kept putting "husband") marriage, florida apparently does too, therefore the mediator said that any income i bring into the home can be accounted for also? i have a son, and while NO i am NOT saying my husband shouldnt support his son, i am confused, because since we are "married" if they count my income, it takes away my ability to support my own child...this particular statute i cannot find ANYWHERE pertaining to the state of florida, except something about if my husband voluntarily quits, THEN i can be held liable for a portion of his childsupport that would be recalculated based on my income.

can anyone tell me if any of this stuff is true? our lawyer did nothing but sit there and not really do anything, except agree with me when i said if we added my stepson to BOTH of our insurances, then the mom needed to get rid of the medicaid. and that's the other thing, she is refusing to take him off medicaid, and said the reason she hasn't sent us the child's birth cert and SSn is b/c she is too busy. we did obtain those items while we were there in the state. if she is requiring insurance, can we not ask for her to drop the medicaid? why should the child remain on medicaid when my husband and i have very good coverage, with extremely reasonable co-pays and deductibles?

as always, i rambled, but i have a newborn, and rather than try and pick through individual things, i just put it all on here...thanks in advance for any replies.

 

[Isis1]

i have a feeling you can't force mom to relinguish medicaid. yes, the child is covered under your plan, but it is possible mom still qualifies for madicaid based on her income to cover uninsured costs, deducticles and co-pays. so YOU nor "husband" has any control over that.

i could be wrong, but if "husband" is still legally married, doesn't that null and void any attempt to claim of common law marriage with another partner?

edited to add:

i reread your thread again. you will NEVER EVER be held liable. not even for 5 minutes. if dad quits his job, HE is still liable. he can still suffer consequences of not paying support. YOU will never suffer these consequences. you will feel the effect of dad's choice of not paying as you will be guilted into driving dad around when his license is suspended, you will be guilted into paying his bail bond when he is arrested, or feel guilted into paying his purge payment to keep him out of jail. but you youself will never be legally held liable. oh, get yourself your own bank account and keep his name off of your personal property. anything that can be leined upon.

 

[ILOVEMYGSM3]

thanks for the reply

no they were divorced in december of 2006 but cs/cc is just now being done, b/c of other issues.....

we have no issue paying it, but at the same time, the mediator is counting about 15K in money that's not there...we're only paying 750, b/c that is what she agreed to, and 10K in arrears(which we knew about, we just weren't sure of the exact amount, but that will be paid in full with our tax return). as for the medicaid, it's not a big deal, i just figured he shouldn't be on gov't asst if there's ins available...but the mediator was telling us our whole household income could be computed...

as for bank accounts and such, aside from our lease, we have absolutely nothing that has our name jointly on it.....

one thing i did forget, he is being required to take out a life insurance policy for approx 183,000 which would cover 13 years of cs and his arrears, in the event he dies...but we asked if she could carry a policy of 50k so that my stepson had some type of trust if she passed away, and we were told that if she died, and he came to our house, to just suck it up, that she wasn't obligated to pay support to us or the child if she died...so i guess all in all, we just thought it was really wierd that they were saying one thing, yet we're finding statutes and such, that say a 100% opposite thing....

again, thank you for the reply!