T.R | Title | User | Personal Name | Date | Lines |
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364.1 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue Oct 03 1995 07:16 | 13 |
| The disparage between your husbands ex and his paycheck is usually a
ruff one to over come. If the ex is re-married, you might have a
prayer. If no, your going to have one heck of a fight on your hands.
And I guess I have said someplace earlier in this file where I saw a
woman who owned a beuty solon and he was a sales rep, and the min he
turned the engine over, he was working for neg wadges. They filed
bankruptcy, the lost their house, the children from the second wifes
marriage, the wife, and him became rentors vs home owners. And the ex,
never worked, never wanted to work, and fought any kind of training to
get her into the workplace. Mean time he had to pay child support,
alimony, and the mortgage...
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364.2 | | QUOKKA::3744::CODY | | Tue Oct 03 1995 07:40 | 5 |
| If you husband's ex is getting more money now that she was at the time
of divorce he can go back into court to have the support re-calculated.
At least that is my understanding.
PJ
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364.3 | | CSC32::HADDOCK | Saddle Rozinante | Tue Oct 03 1995 09:59 | 11 |
|
If the amount of income has changed significantly, then the support
can be re-calculated. Some states take into account "extenuating
circumstances". Some, like Colorado, take into account the amount
of CS that would be paid to "current" children and deduct that from
the gross income.
The short answer is, yes there is a chance, but you will have to
check out with the laws and lawyers for your particular state.
fred();
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364.4 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue Oct 03 1995 10:15 | 12 |
| In Mass, and in New Hampshire, the courts are more inclined to think
its not the faults of the first family that you have more mouths to
feed in the second. The blame is laid upon the man and his evil fallon.
Its all his fault, not your, not the privious family.
A local group of women, as seen on a local TV station noon time talk
show of WBZ, a few year ago, wanted to make men sterol untill they paid
up their back support, and were current.
I was in the studio that day when she was mouthing off to the world
about the evils of men, and their deadbeat debts to our societ they
owed.
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364.5 | | QUOKKA::29169::SMITH | | Tue Oct 03 1995 11:42 | 14 |
| My heart goes out to you, the system is certainly not a fair one.
It would surely be nice if there was a set maximum to child support.
350+ is ridiculus. Once the children are in full time school, even
the welfare system forces the mother to either go to work or go to
school. With so much current welfare reform going on, perhaps people
might take a look at this kind of 'welfare'. But as long as the state
isn't paying for it, they really don't care.
Is there any chance the mother might be understanding enough to listen
to you and agree to a reduction?
Good luck,
Sharon
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364.6 | | QUOKKA::29761::MCCLURE | | Tue Oct 03 1995 13:14 | 23 |
|
Certainly I can understand you are facing a huge increase in living
expenses. I'm sure it will be a real load, and taking care of three
infants will put a strain on your relationship. I wish you the best of luck.
In Massachusetts the law permits either party to go back and ask
for a change in the amount of support ANY time there has been a change in
circumstances. Thus if your husbands salary changes, or his ex's salary
changes, you can ask to have the amount adjusted. However in Massachusetts
the judge is supposed to follow guidelines which allow only a small amount
of discretion.
It is my understanding that in Massachusetts the judge considers
the first family to be the first obligation. i.e. subsequent obligations,
like children of the next marriage aren't considered. I think this is to
cover for the NCP who deliberately change their circumstances in order to
pay less support.
One of the commonest causes of multiple births today is taking
fertility drugs. Were you taking such drugs ?? Did the Dr. warn you
that a multiple birth was a possibility ?? Did you do a budget before
you were expecting ??
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364.7 | Noincrease | QUOKKA::17576::DACUNHA | | Wed Oct 04 1995 16:04 | 14 |
|
In Massachusetts, the obligation to support subsequent
children (post-separation) CANNOT be used as a reason to REDUCE
support payments, BUT can be used as an argument against any
INCREASE. This was my understanding after reading the books
on-hand at Pollard Memorial Library. If the $350 was determined
using the "Formula" then you may be out of luck.
Of course, EVERYTHING depends on the sitting judge and how
effectively your attorney can argue.....
Good luck,
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364.8 | Worth a try! | QUOKKA::17576::PERRY_W | | Fri Oct 06 1995 09:25 | 20 |
| re:5
I worked intensly with these issues several years ago and I never once
saw or heard of a case where the custodial parent-usually mother-agreed
to reduce the CS payments because her ex wanted to provide for his new
family. If your husband gets along well with his former wife he should
at least try to reason with her for a reduction of CS. Worth a shot
anyway! This is a case-in-point that shows how the CS guidelines
financially impoverish fathers and their children.
-also is another good reason to review all the CS guidelines.-
In NH the CS guidelines are reviewed every 3+ years by law.
The review took place in 1994 at different locations in the state.
Rather than face all the angry non-custodial parents (fathers)
the CS committee put a ***tape recorder*** at the review sites.
It reflects the irresponsible attitude that legislators generally
have toward fathers and their children. Would a meeting of womens
issues been treated the same way?? We all know the answer!
Bill
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364.9 | | QUOKKA::29761::MCCLURE | | Fri Oct 06 1995 10:12 | 19 |
|
If I read .0 correctly, her current husband has a prior obligation
to two children. He was ordered or agreed to pay $350+ per week for their
support. Why shouldn't this obligations take precedence over new
children ??? If I read .0 correctly, the woman and her husband chose
to have children, and may have sought fertility aid to achieve this.
Now they realized they can't afford it. Why should the children of
the first marriage suffer for this ?
I feel sorry for the couple with impending triplets. It
will be expensive and a lot of work (I have walked the floor at
2am with one, I can't imagine three). But they knew what their
budget was. They made their choice.
Perhaps there is more to the story, but as presented here
that's the way it seems to me.
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364.10 | | QUOKKA::56821::GENOVA | | Fri Oct 06 1995 12:27 | 12 |
| rep .9
I don't think she needs any of these comments.
She asked if the amount could be reduced, not your opinions/comments
on how or why they decided to have a child or multiple children.
That was all she asked about. No need to condemn her.
Just my opinion.
/art
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364.11 | | CSC32::HADDOCK | Saddle Rozinante | Fri Oct 06 1995 13:01 | 5 |
| re .9
I doubt that anyone just "decides" to have triplets. If they do they
have a lot more problems that just worrying about CS. %^}.
fred();
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364.12 | re:9 Who made you god? | QUOKKA::29169::SMITH | | Fri Oct 06 1995 15:20 | 15 |
| re: 9
Give me a break! I have two children and raise them without any support
from their father. Saying they cost $350 a week is a joke. I have a
Quicken account. I KNOW I spend $80-90/per week average for a their food
and daily needs. Plus I have insurance and I put $40 away for College
so lets figure $150 max. They are Teens. I had no idea what they really
cost me until out of curiousity I broke it down $ by $ Exactly for a
year. I really was surprised and I'd really LOVE to know how someone can
spend $350 on two kids.
Granted I wish I had the extra to put away for their college, but we
ALL KNOW that she's not doing that with it.
Sharon
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364.13 | | QUOKKA::25022::ROLLINS | five fuzzies | Fri Oct 06 1995 15:45 | 9 |
| re -1 Sharon - I agree that $350/wk is a joke. In my SO's
childrens case (5 and 8 yrs old; way less expensive than
two teenagers!!!), the ex only feeds them fast food. They
have a problem coming to our house and having to eat "real
food". I guess those McDonalds bills can really ad up!
I wish Montel Williams would do a show on this topic :)
beth
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364.14 | Reply from base noter | MIASYS::HETRICK | | Mon Oct 09 1995 08:41 | 39 |
| This is a reply from the anonymous base noter.
----------------------------------------------------------------------
Response to Noter .5
It certainly would be nice if there were a set minimum amount of
child support. You bring up a good point on how this is a type of
welfare, I certainly agree and wish something could be done to change
this. Unfortunately because it's not the government's responsiblity,
nothing will happen. It would be nice if the ex would be rational but
I know she would never even think about a reduction, unless she was
ordered by the court.
Thank you very much for your response.
Response to Noter .6
Please read my original note, it was for any information and or
similar experiences someone out there may have had. As for you last
paragraph, it's none of your business and I feel this was completely
inappropriate.
Response to Noter .9
Please read my original note, I am not intending to hurt or take
anything away from his children. We did plan to have children, we
never thought in a million years that we would have 3 all at once. I
stated the facts as they were and there is no more to the story that
what you have read.
Respones to Noter .10
THANK YOU, THANK YOU, THANK YOU !!!!! I'm glad to see that
someone really understands that what I was looking for was information
and nothing else.
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364.15 | | QUOKKA::30411::SOVIE | | Tue Oct 10 1995 07:21 | 11 |
364.16 | Not just for food & clothing | QUOKKA::31758::JOHNSON | A rare blue and gold afternoon | Tue Oct 10 1995 13:15 | 10 |
| To be fair, I think child support is supposed to cover more than food
& clothing. Providing a home that can accomodate the child or children
is a big chunk of the child support. There are also school items and
other things the children use or do.
However, many people, especially men, do end up paying an unrealistically
high amount for child support, and all the child support does not necessarily
go towards the children either.
Leslie
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364.17 | ex | CSC32::HADDOCK | Saddle Rozinante | Tue Oct 10 1995 14:13 | 16 |
|
I "ran the numbers" once but don't have the actual numbers now.
I figured 1/2 the food bill (although both the teanage son and
daughter eat more than I do ;^}), 1/2 the house payment (although
I should probably figure a 3 bedroom vs a 2 bedroom house), clothing,
school expenses etc, and came out _way_ less than what I would be
paying under the guidelines. When I figure in private school it
comes out about even, but still less. What Theex is supposed to
be paying me (but don't) wouldn't even cover the school.
I agree. There should be more accountability where the money is
going. Much of the child support ends up being (unintentionally and
intentional) disguised alimony. The same as AFDC is supposed to be Aid
for Dependent _Children_, but much of it goes to support the mother
too. That is why many times in my notes you will see " "s around
"child support" as in so-called child support.
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