T.R | Title | User | Personal Name | Date | Lines |
---|
379.1 | | DODO::AMARTIN | Ideal Woman=Peg Bundy! | Mon Oct 02 1989 10:44 | 12 |
| Well, sorry to say but, its up to the courts to decide where the limit
is... In other words, you loose. You might try to prove that she is
indeed trying to "tap your bucket" and living outside her means, but
the chances of you winning are slim, I am sorry to say.
You have to really look deep inside yourself and decide if you are
willing (and have the emotional strength) to fight this. I, for one,
would.... but, thats me.
Good luck.
AL
|
379.2 | | RUTLND::KUPTON | You can't get there from here | Mon Oct 02 1989 10:57 | 22 |
| Get a good lawyer and get her credit records. Use them in court.
If she's making all of her (their) payments on time try to see if your
Child support is being used correctly. If their credit is lax, bad
payments etc., use that as a weapon against them, showing that they are
irresponsible.
Another thing is to offer payment directly for school clothes,
instruments, etc, but not direct monetary payments to mom.
Don't bitch about it in court, don't have the lawyer whine. Use
cold hard facts.
You may be paying too little. If you paying $50 or less per child
per week, that equates to $2500 a year per child and most courts feel
that that's too little by today's standards, especially if you're
taking home $500 or more. A 50% raise will be the order of the day.
One thing that you have going is that a DEC salaries are frozen and
have been for nearly a year. The court will consider that.
Good Luck..
Ken
|
379.3 | Fight fire with fire | STEREO::CARDON | | Mon Oct 02 1989 17:34 | 10 |
| Of course you can always get custody of the children and not pay
her a dime again. Certainly now you can show a better financial
situation which would be better for the kids and there is no issue
of the children having a mother. You may even be able to hit her
for child payments since she is employed.
Just the thought of this action may be enough to dissuade her from
stating to the courts she can't make ends meet. Better make sure
you are willing to follow through though. This can't be just a
bluff.
|
379.4 | personal notes... | CSC32::R_MCBRIDE | Rockies Horror Show... | Tue Oct 03 1989 13:16 | 16 |
| The summons says that you should bring copies of your pay stubs and
your spouses pay stubs. My second wife refused to give me copies of
her pay stubs. I told the judge that she refused. It must be a common
occurrance...he didn't do anything to me because of that. What it
really comes down to is a comparison of her after child-care-expensed
and self-care-expensed income to your after self-care-expensed income.
There is a totally unreasonable ($395) self care allottment. If you
chose to itemize your self care expenses then you have to declare your
spouses income and calculate your share. Two kids runs around 600 to
800 bucks/month depending on your base) Self-employed individuals have
a better chance in this regard because they may be able to show a net
loss.
Lots of luck!
|
379.5 | And justice for all ? | ELWOOD::GROLEAU | STILL, spit'n into the wind | Thu Oct 05 1989 15:01 | 4 |
| If you don't pay 1/2 of you'r *take home pay* you got it made. With the
new ...... guide lines........... that's about the norm.
Any way........good luck !
Dan
|
379.6 | Money....or...'lack of'! | ESPN::MARTAKOS | | Mon Oct 09 1989 16:24 | 30 |
| Got another 'question', to all of this! <However, I will be meeting
with my attorney this Friday>. I'm paying, by wage assignment,
child support for 2. I have no problem with paying, nor did I ever
have a problem...my kids is my kids, right? The wage assignment
bit was all her lawyer could do for her....to justify his fee??
Makes 'ya wonder, doesn't it!!
Anyway, my ex has re-married. The child support guidelines were
calculated on the standard Mass. worksheet, and, at that time, there
was a different set of financials in the picture. My son, now 18
works quite a bit and is in his Sr. year of high school. I've always
done his taxes returns for him, but for some reason....he didn't
ask me last year. There's been a 'significant' change in the
financials....between my son's income, which I estimate to be in
excess of $12K/yr (part time) and now that she's re-married, her
husbands income should now count too....It's total 'legal' income
under the same roof...thus the attorney on Friday...'again'...
What really gets my goat, is that I know females who could *really*
use some help...and they get nothing....and this state has the 'nerve'
to 'brag' about the crackdowns on 'non-paying' fathers?? They hit
5% of the total and they want a pat on the
back...garbo...politics...etc.
Anybody else out there in a similar situation?
Thanks,
Geo
|
379.7 | | RAVEN1::TYLER | Find the Intergalactic Woopi Wench | Tue Oct 10 1989 08:07 | 2 |
| In S.C. once the kid hits 18 yrs. you don't have to pay any more.
Unless thier still in High School.
|
379.8 | Food for thought | BOBBY::RANKIN | | Tue Oct 10 1989 08:26 | 46 |
| In reply to .6:
I just thought it would be interesting to add a bit about the other
side of the coin. When I divorced my ex-husband 4 years ago, I knew I
would be lucky to get any money from him for child support so 'agreed'
to accept $100 dollars a MONTH for each of my three daughters. As I
originally figured, some months I got money and some I didn't. I've
since re-married and have moved to Scotland. In order to bring my
girls with me I ammended (with his permission) the child custody
agreement so that it now states that all child support money will be
placed into a seperate bank account and utilised to purchase tickets
for the girls to visit their father (once a year). He does buy the
tickets, but spends as little as possible on the girls otherwise.
A cheap/no-frills ticket would be OK, if the girls would benefit by
having the remainder of the support money spent on them while
visiting, but that does NOT happen.
My intentions in submitting this reply are to let you see not all
people are out to cause hassle with their ex. I feel for you in your
constant struggle. The only thing I know I wanted once the old love
had died from my ex was to be left alone.
I find myself thinging MORE about the relationship the girls
do NOT have with their dad then the monetary benefit I would
make if he paid support money to us. Although the girls have a very
thoughtful Step-father and think VERY highly of him. Thay continue to
WISH their real father would take more interest in them. It's sad
for him that he hasen't, as my oldest daughter (age 20) is struggling
within herself to understand 'WHY', and has virtually shut him out of
her life, assuming he "dosen't LOVE her.
The next in-line (age 17) has decided NOT to visit in 1990,
and has sent a letter to her father asking if he would send the
accumulated money over next year to help finance her 1st year in
college. She has already told me she dosen't think he will do it so
has started working to help US pay for it.
The youngest (13) still thinks of her father as "the best in
the world". I would NOT try to change her opinion, although mine
differs considerably. Besides who am I to burst her bubble, reality comes
all to soon in life.
Just my two cents worth.
Vivian
|
379.9 | What ARE the guideline amounts ?? | REGENT::FARRELL | The Hacker. DTN 235-8164 | Wed Oct 11 1989 13:43 | 13 |
|
I've heard various mentions in this and other notes of the Mass.
Worksheet/Formula to figure out child support. While I know there is some
leeway, I'd like to know what the figure are meant to be.
I'm separated currently and working on legalising it all. Before it gets
too expensive I'd like to know what the figures really are, as opposed
to what I'm currently paying.
Any pointers please ??
Bernard.
|
379.10 | It Its based on a % of your weekly GROSS | AISVAX::HALVERSON | Rogger Rabbit for President | Wed Oct 11 1989 16:08 | 59 |
| Well it depends on how many children you have but here is the basic
worksheet:
Basic order
1. a) Non custodial gross weekly income
(less any prior support obligation) ____________
b) % of gross/number of children
From chart 111a FOR 1 child its 27%
c) Basic order (a) x (b) (A)__________
2. Adjustment for ages of children
a) Age of oldest child ________
b) % increase for age (chart 111b) _________%
c) Age add on (2b) x (a) __________
d) Adjusted order (a) + (2c) (B) _________
3. Custodial parent income adjustment
a) Custodial parent gross income _____________
b) Less $15,000
c) Less annual day care cost
d) Custodial adjusted gross _____________
e) Non custodial gross Annual _____________
f) Total avail gross (d) + (e) ____________
g) Line 3(d)_______ Line 3(f)__________
h) 3(d) divideded by 3(f) _________%
i) Adj for custodial income (line 3h% ) x (B) (C)_____
4. Calculation of final order
a) Adjusted order (b) above (B)_____
b) Less adjustment for income (C) (C)-_____
c) Less weekley cost of family group
health insurance -_____
Weekly support order (B) - (C) - 4(c) $___________
See a lawyer for a copy of the guidelines the state uses...
Hope this helps....
|
379.11 | pay pay pay! | ARCHER::SUTER | Gentlemen, start your *marine* engines! | Wed Oct 18 1989 15:35 | 18 |
|
re: .0
Sincere good luck to you, I would be surprised if you are *not*
already paying a large chunk of income towards childamony and the
fact is that this area has to be one of the worst for discrimination
against males existing today. I agreed with the "fight it" attitude
with whatever means are available (ie: countersuit)...
re: .8
> WISH their real father would take more interest in them. It's sad
> for him that he hasen't, as my oldest daughter (age 20) is struggling
> within herself to understand 'WHY', and has virtually shut him out of
> her life, assuming he "dosen't LOVE her.
Interest is tough to transmit across the Atlantic!
Rick
|
379.12 | | 44443::RANKIN | | Thu Oct 19 1989 05:42 | 17 |
| re: 11
<<< Interest is tough to transmit across the atlantic.
I agree, however she returned to California two years ago and stayed
with her dad until he 'asked' her to leave. She moved across town from
him and until very recently has continued to phone, visit etc. He on
the other hand has never phoned, visited, or made any attempt to
'see' if she is Okay. She by no means is living-it-up but is going
to school (full-time) plus holding down a job.
I chalk up his non-interest as another affirmation of why I divorced him.
Vivian
|