Ex is asking for support modification...

[INgrl31]

What is the name of your state? Indiana
My question is this : Can my ex's school loans and grants be counted as income when determining his child support obligation?
He is currently more then $15,000 behind in his payments ...he just starting paying his support every week a couple of months ago because he now has a job where he isn't being paid cash..
We go to court Friday for a compliance & modification hearing (at his request ofcourse)...he started going to school several months ago at the local Ivy Tech..he told me him self that the reason he is attending school is for the "free" money that he receives! But anyway he is now asking for his current support order to be modified because he now has a job making quite a bit less then he was making when the order was first made...he is currently orederd to pay $113.00 a wk. for two children plus an extra $17/ wk. for the amount he is in arrears...But the funny thing is-- he is having his employer take an extra $25 out of his check for support ..and that's great for me & my kids..but I would think that might show the judge that he can obviously "afford" to pay his current $130/wk. since he is paying an extra $25 each week when he doesn't even have to be! Would anyone agree with me on that?

I haven't hired an attorney yet to fight the modification because I want to see what the judge say's in court on Friday...I know that I will first have a chance to agree or to not agree with the whole idea of modifying the order...Ofcourse i am going to say that I don't agree to it...and if i need to hire an attorney then I will !

Please let me know if you have any advice for me ...
thanks !
Angie

 

[VeronicaGia]

The money goes to the school and likely never touches his hands. How would that be considered income?

When I was in college, I never saw the check. The loans and small grants were sent directly to the college.

 

[INgrl31]

Uh NO that is not true!!!

No that is not the way it works for him..He gets more then $3,000 a semester handed to him as a "cost of living" loan..plus he receives a check each semester for the amount of money that he has left over after he buys his books (which he borrows from the library and never even pays for)..that is money that he doesn't have to pay back !! In the cost of living loan that he receives he obviously has my children listed as dependants because he is SUPPOSE to pay for part of their care ...so don't tell me that the money he receives from going to school never touches his hands ..because I have seen it my self and I know for a fact that it does !!!!!!!
Please know what you are talking about before trying to give me your two cents!!

 

[Grace_Adler]

It's still not considered income.

 

[VeronicaGia]

Re: Uh NO that is not true!!!

No that is not the way it works for him..He gets more then $3,000 a semester handed to him as a "cost of living" loan..plus he receives a check each semester for the amount of money that he has left over after he buys his books (which he borrows from the library and never even pays for)..that is money that he doesn't have to pay back !! In the cost of living loan that he receives he obviously has my children listed as dependants because he is SUPPOSE to pay for part of their care ...so don't tell me that the money he receives from going to school never touches his hands ..because I have seen it my self and I know for a fact that it does !!!!!!!
Please know what you are talking about before trying to give me your two cents!!

Any monies that are "LOANS" have to be repaid. Should he consider you mortgage, car note, credit cards and the like income?

As for grants, sure he doesn't have to repay them. But they aren't income, as every year he has to reapply and may not get a thing.

And I do know what I'm talking about, don't be such a spoiled child.

 

[kat1963]

And research your state laws. Once he graduates & has student loans to pay, the monthly amount could be deducted off his gross pay before child support is calculated. One of the few things allowed by some (not all, you'll have to look it up) states. Right now we are paying 163 per month on a 20,000 loan.
KAT

 

[Lil Miss Smarty Panties]

One of the many reasons I hate Indiana.....

 

[VeronicaGia]

And research your state laws. Once he graduates & has student loans to pay, the monthly amount could be deducted off his gross pay before child support is calculated. One of the few things allowed by some (not all, you'll have to look it up) states. Right now we are paying 163 per month on a 20,000 loan.
KAT

Hey, how did you get such low payments? My payments on a 20K loan are $235.00/month! And that was just for the second two years of college, luckily I got a scholarship for the first two.

Time to refi??? Only five years left!

 

[INgrl31]

Well I have researched the laws for Indiana..thank you very much...and for the person who said that I am acting like a spoiled child..if I was a spoiled child I wouldn't even need the child support...

So nice to hear so many ppl on the fathers side..even tho he is thousands of dollars behind on his support and obviously has never taken his responsibility..has always fallen on my shoulders..but hey that's ok isn't it! NOT !!! I guess I am just acting like a spoiled child because I want my children's father to step up to the plate and to be accounted for and to stop being able to slide his income under the table so that the court can't take the money that my children are rightfully due !!! This is a man who for years worked for cash just so that he didn't have to pay his support..and to top it all off he owns two rental properties but keeps them in his mommy's name so that it can't be used as an asset in determining how much support he is to pay !! But hey I am obviously the bad guy here..LMAO !!!

And as far as Indiana and his repayments of his loans go..No they will not be taken into account when it's time for him to pay them back...his bills aren't a factor in the support he is ordred to pay !!!

Thanks for all the great advice ..I'll be sure not to ever ask for it again!!!!! LOL

 

[Bre's_mom]

You get more than $450 a month and your complaning!! you are a spoiled B I T C H some parents dont get crap and your complaning... Get a better job if its not enough. And you were the one who wanted advice, so dont have a cow when its not what you wanna hear. Hes in college to better himself, and if he gets living expenses, so WHAT!!! Get a life

 

[INgrl31]

Yes well I actually get $520 a month in support for 2 kids and yes I am grateful that I receive anything at all because it only took him 9 YEARS to pay it....You know, I am sure that most of the ones that have replied and been so rude....are the ones who have also married a man who has to pay support to his ex wife...that is why you are all being so nasty...but hey it's not my fault you women were stupid enough to marry a man who had kids and an ex wife..you only have your selves to blame when pay day comes around and you're broke !!! LMAO

And ya know..if I really was a bitch like u say I am my ex would be sitting in jail right now charged with a CLASS C FELONY for failure to pay his support !!! cause that's the way the law works around here...BUT i have never had him thrown in jail for not paying....

So YOU get a life BITCH!!!!!!!!!!!!!!!

 

[djohnson]

No one here is on the fathers side. Just because he has the law on his side it doesn't make it right. You have been told the truth and what is right. You can not touch that money legally. You are the one that started with the name calling and sarcastic remarks just because you didn't like the answer. I hope you learn better before you go to court because you will hear the same thing in court along with some laughing. Everyone here feels for your situation and most have been there but doesn't respond in a childish ignorant manner. You ask for advice, you got good advice. If you don't like it, it's not our fault.

 

[INgrl31]

uhh no I did not start with the name calling..if you read the previous posts I was first called a "spoiled child" and then called a "bitch" ... and to think I only came here for advice !!
well I don't mind the truth or someone's opinion..obviously or I would not have asked for it..but what I do mind is being attacked and called names when I don't deserve to be...
There are thousands of children in the world who are doing without because of men like my ex...and all I want to do is make sure that he can't just slide thru the cracks and be allowed to take less financial responsibility for my two beautiful children...And I guess if that makes me a spoiled bitch then so be it!!!

But thanks for your reply..alteast you didn't call me any names..LOL

 

[Bre's_mom]

Well...

I'm not a bitch, and I have experienced more than you know, and yes, I am married BUT, WE HAVE JOINT PHYSICAL CUSTODY, and we don't pay child support because of that. And you say you haven't put him in jail, well duh, if you did, then you would not receive ANY CHILD SUPPORT!!! And for your information, before we got joint custody, we did pay support on time every month, I was 15 when I met my now hubby, I'll be 26 this month,(thats almost 11 years together) and YES, I chose to get involved with a GREAT man who was about to have a child when we got together and you see were still together. And times were tuff, but we made it through and it made our relationship stronger. So I am not a B I T C H... I knew what I was getting into. And it was ok with me. Its people like you, who are greedy, that make life hard for NCP, who want to have a new family, and go on with their new lives. GROW UP, and start being a REAL PARENT...

 

[djohnson]

Ok I think that last post was too much and also unrealistic. Bre you are letting your personal situation get in the way of what is right. He is ordered to pay child support, he is behind, that is bad, those were decisions he made. He should be put in jail, if you aren't getting support anyway what difference does it make except for it makes it harder on him which he deserves. I understand what the OP is wanting to do but you can't touch this money because he is getting for a specific purpose and it is not guaranteed for any length of time. Asking for it will probably just make you look bad and when you made the comment about knowing what you were talking about before you answered to a response that was correct is when you came across looking spoiled just because you weren't hearing what you wanted. Bre has went overboard also though. Hope that helps.