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Child support questions

Our twelve yr old lives with me full time. Not once has he spent the night with his mother in all the 24 months she has been gone. Our three yr old stays with me for seven days every other week. She has had a baby by her new live in boyfriend. I do not pay her child support for our three yr old as I have him every other week and buy him clothes and the necessary things needed for him. On the other hand I do not get one dime for our oldest son from her. She feels where she has the new baby that it would negate her from paying me support for our oldest son. I feel she is still responsible for him as any of our children. I worry that where I make more money than she does that if I push support I will wind up paying her for our three yr old. Any money that comes out of my budget affects my twelve yr old and I do not want to take from him (Clothes, tutoring, necessary things he needs). I make around 30000 a yr and she makes around 17000 a yr. Am I biting my nose off to spite my face or would it be advantageous for me to seek support??

by gregory1969 225 Posts

Posted on 6/5/2009 11:02 AM

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Comments for "Child support questions" (2) (You must be logged in to answer)

I either answered this exact same question to someone else at one point or you asked me in e-mail a while back - because I've got this huge case of deja vu going on right now....lol

Anyhoo - my "sometimer's" aside...

Her new child with another man has no bearing on child support when it comes to the children you two have together.

However, in that you make a lot more than she does (respectively), you have a legitimate concern of her being able to file for CS for the three year old even when you have shared parenting in retaliation for filing on her. Generally, When you make over 40% more than the other spouse you can be ordered to pay support.

There would be an order for her to pay you a set amount, and an order for you to pay her a set amount, two separate cases - the two of you would have to literally swap checks at the beginning of each month. It wouldn't be like the lesser amt ordered could just be deducted from whoever pays the larger.

She also probably wouldn't get ordered to pay more than about $200 bucks - since NC doesn't go by how much time is spent with the child, just incomes - and you could get hit for close to $600....(worst case scenario)

not so sure it is worth it if you are getting by ok now - and it is more a "principle of it all" thing...

by spaznskitz 7745 Posts
Posted on 6/5/2009 11:58 AM

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i'm not sure.....child support is based on both parents incomes and number of children and time with the children. so, she may be right...it may end up a wash...meaning, neither of you pay anything..

it's certainly worth a one hour consult with a lawyer. or the online legal services where you pay for questions/answers.

by paula1 12664 Posts
Posted on 6/5/2009 11:08 AM

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