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  Posted to group - Child Support and Me    <<Previous    Next>>

Is he lying about what he pays ex to reduce child support amount for our son?

My husband of almost 7 years and I are getting a divorce in Colorado. We have a 22 mos old son. Husband has 2 daughters from a previous marriage. The youngest turns 19 in January 2009. The oldest turns 21 in December 2008. He is currently unemployed (as of March 2008), and looking for a job. I work full-time. I added our son onto my insurance. His ex-wife has added supposedly both daughters onto her insurance. He keeps saying that she is paying $400/mo in insurance through her employer (I work for the state, she works for the school district). I do not trust him as he is a habitual liar (one of the reasons I am leaving him is b/c he was always crying broke, even tho' there is nothing to show for the $50,000/year he was making for the last 3+ years). He pays the ex-wife $400.00/month in child support for the 18 year old. He says he has to pay her an additional $400 for insurance for the girls. We are about to put our separation agreement and parenting plan together and I want to make sure I do not screw up. If he wants to pay whatever to his ex-wife for insurance, fine, as long as it doesn't affect the amount he pays for our son's support. Plus, I don't believe that he is going to pay her $400 for insurance. He's just going to say he is (he already tried to lie to me by telling me he had been paying $400/month in insurance for all 3 kids w/ his former employer, when in fact he had only been paying $200/month). I also don't believe the ex-wife pays $400/mo for insurance for the 2 girls. When I added my son onto my insurance, it increased my premium by $99/month. If it doesn't affect the amount the court will order him to pay for our son's child support, then I can let it go. However, if it is a determining factor, I want evidence of what the ex-wife is paying in insurance for the girls. Do I have a right to ask for this?
by tweetie   11 Posts 
Posted on 4/25/2008 11:28 AM
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Answers for "Is he lying about what he pays ex to reduce child support amount for our son?"  (9) (You must be logged in to answer)
Spaznskitz - Thanks again.  Tho' I'm not real thrilled with what I'm hearing, it is still helpful.  I am getting a clearer picture of what I am looking at overall, and what issues I need to let go of and just count my blessings!
by tweetie   11 Posts
Posted on 4/30/2008 12:32 PM
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no - it goes from the original date of cs filing - her kids will get the higher percentage.

the child support system needs a lot of help, starting with standardized laws for every state and going from there...but it will never happen...

curiosity makes a very informed client - keep asking questions, better to be informed than in the dark
by spaznskitz   3855 Posts
Posted on 4/28/2008 6:14 PM
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Spaznskitz - Thanks for you feedback.  Let me ask you this, what happens when support needs to be modified: i.e. when he obtains a new job, one that pays more or less than he was making?  Do the "percentages" change then?  That is, if he goes to court to modify the amount he pays?  Does the court treat each of those children equally?  Taking into consideration, of course, the incomes of the mothers?  I understand that this would be 2 separate motions to modify.  I guess I'm asking this more out of curiosity at this point.  But to a certain extent, we will be dealing with this at some point once he obtains employment.  Thanks for any input you have on this.
by tweetie   11 Posts
Posted on 4/28/2008 5:23 PM
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child support percentages are based on when a person files for the support - if a parent is already paying on one child, the percentage for the 2nd/3rd/4th etc is going to be less as the full amount of child support can only be a certain amount out of a person's paycheck.

So you filing after she did is a disadvantage to you until his other children drop off of support.
by spaznskitz   3855 Posts
Posted on 4/28/2008 4:51 PM
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Thanks for all of your responses.  They are helpful.  I wouldn't be "worrying" about it if he hadn't tried to lie about what he had been paying when he was employed.  And if it turns out she is paying that, and he needs to contribute toward it, fine.  However, inasmuch as the amount he pays to me is determined by what he pays to his ex, shouldn't the amount he pays to her also be determined by the fact that he has a son with me?  Apparently he has to file a motion with the court if he wants this changed (it has to be certain percentage of change in circumstances also).  Regardless, I wouldn't ask this of him and I know he wouldn't do it on his own.  But if he's going to take into consideration certain things for his ex, I think it should work both ways.  I just don't feel comfortable taking him at his word.  His word is one of the reasons for the breakdown in our marriage.

Here in Colorado, the emancipation age is 19, unless the child is going to college full-time and is not self-sustaining.  Then it is age 21.  The 20 year old works part-time and lives with her grandma (but is not paying any rent).  He is only paying child support for the 18 year old, but supposedly helps with school costs for the 20 year old (tho' she skips classes often).

All I want is what is "due" our son, and is within my husband's ability to do, as well as what is within my ability to do.  My husband is not a saver, and blows money on all kinds of junk.  I am going to meet with an attorney on a consultation basis, and your input is helping me with questions I should ask.

Thank you!
by tweetie   11 Posts
Posted on 4/28/2008 9:28 AM
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what his wife pays in insurance for her children is not your right to ask. If it was his employer, you could.

I will tell you however, that 400 is not unreasonable. Many companies will not subsidize other family member's insurance - and the employee must pay the entire premium for anyone else covered other than themselves. Also, there are many insurance plans out there - just because yours is reasonable, doens't mean hers is.

 

It isn't going to affect your child support anyway. You will get a lower amount for now because he is already paying support for one child. Once that stops, you can request a modification to raise your support.

 

I'm a family law attorney