ILOVEMYGSM3
Member
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.
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.