divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

ADVERTISING PARTNERS


Answers
You can search for Answers by tag here:

Invite Others
Invite friends and family to join you on d360! - Click here
where do I start
Our checklists are a great place to start. Or, get a quick review of your state's divorce laws with our Legal Cheat Sheet.
  Posted to group - Legal Answers    <<Previous    Next>>

Need

My STBX is paying CS monthly voluntarily. What a guy. Hw, he pays 10% not the mandated 17%. He refuses to give me a check. He has something against physically handing or mailing me one. I think he feels it is a power trip or something. He deposits the money in a joint account which we have from the marriage which my lawyer has instructed me to close immediately. It is only used for CS and the CS is the only $$ in it.I pay copays for Dr visits which are accumulating bc the baby has been sick frequently since Dec from there. I also pay for the Rx's since I am the one who handles this stuff. But, the $$ is depleting rapidly. What exactly is CS supposed to cover?? WHat can I ask for as add on expenses for him to split??? I use the CS for groceries, baby diapers, toys etc. As to the 10%, he unilaterally deducts 7% from CS to cover the burden of carrying me and my 16 year old son on his health policy family plan. The divorce is filed. But, I dont want to rock the boat.

by AnaBella72   193 Posts 
Posted on 6/30/2009 2:30 PM
Get AlertsGet Alerts!
Sent to Friendsend to friend
New York legal questions on divorce360.com
0

Tags: divorce , cs , custody ,



Answers for "Need "  (5) (You must be logged in to answer)




As far as getting nastier, read the blogs on this site. So many started out trying to be reasonable, but then the other one got nasty.

Those of us who use this site are generally the ones left. The other one doesn't use it. He/she left the marriage long ago and is through the hurt and pain, while still taking advantage of the comfort of the spouse. Most say the same thing, they tried to be reasonable and not use attorneys, but had to in the end.
by bluebird   1157 Posts
Posted on 6/30/2009 8:50 PM
0





I have learned from the process that they get nastier the longer it goes. It's the one who ruined it who gets nasty.

You can't be reasonable. He won't be. You're going to have to go to court. I may be wrong, but I doubt it. It's better to do that now than later.

In my state, there's a formula for child support. The courts must use it. You need to know exactly how much he makes and have some tax returns, pay stubs or something else to back it up.
by bluebird   1157 Posts
Posted on 6/30/2009 8:47 PM
0





Ok first off, he's pretty stupid. By not giving you a check with CHILD SUPPORT clearly written on it - he has zero proof that what he is giving you he deems child support, so technically, if you want to screw him, you could easily file for back support - and win some. Money? What money? We are married, it was a joint account....she says as she bats her eyes.

Medical expenses are above and beyond child support - he has absolutely zero right to deduct that 7% for medical. He would get a deduction for carrying the insurance, yes, but not that big of one by any means.

 

Child support covers the child's needs - that includes food, clothes, diapers, a percentage of rent/mortgage, utilities, maintenance (kid has to have a roof over its/their head), child care, any expense you have related to your child/ren - is covered in part, by child support. FYI  - He has no right to request an itemization of what you spend CS on...you shouldn't have to be begging for it & he gets to choose.

by spaznskitz   7745 Posts
Posted on 6/30/2009 8:29 PM
0





We dont have anything written, there are no orders and we are not in court  (yet) and are using the lawyers for settlement only. I have been trying to keep expenses low and use my attorney as little as possible with the hopes that we can work it out - fairly. Obviously not.
by AnaBella72   193 Posts
Posted on 6/30/2009 5:29 PM
0





He has to pay the full amount mandated by the court. If it does not give allowances for what he is deducting he can not do it!
It all depends on how it is written in your agreement. Does it cover extra expenses?He cannot deduct things though unless it is written as such. Comb thru your document carefully. Go see your lawyer !
by mtnvly   3539 Posts
Posted on 6/30/2009 2:43 PM
0







Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.

 
divorce Community::
popular blogs
Be Careful What You Write on the Memo Line....
Another tale from the Spaz client files....   So, I have a...read more 

Forced meeting for my daughter
I have not posted for a while, things have been going rather smoothly....until...read more 

Did I go to far tonight? (Huge argument 'stupid' with my wife)
It’s a stupid question to ask. I know (think) I went to far tonight and it’s...read more 

get/give answers

Financial Mediation tomorrow.. waste of time???
So I have another mediation appointment that was ordered by the court with my...Read Answers/share yours 

Legal responsibilites to enforce visitation?
My 17 year old son refuses to go to visit his father. He has valid reasons, but...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 

expand information center
divorce360.com's ecards
divorce focused content ::
divorce most popular ::
1. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

2. 8 Things No One Ever Tells You about Divorce
Number Three May Surprise You

3. Divorcing? 15 Costly Financial Mistakes
Settlements: 15 Critical Financial Mistakes Often Made in the Heat of Divorce

4. Beginning Checklist: Planning to File for Divorce
12 Steps to Consider if You or Your Partner Have Decided to File for Divorce

5. Are You Ready For Divorce?
Three Key Questions You Must Ask Yourself