New Child Question

[abstract99]

What is the name of your state? Arizona

I have been having trouble finding the info for this and I was hoping someone elso might be able to help me. This summer I will be taking my ex back to court for MANY things. On our last court order for CS they figured in a credit of 600 dollars a month for her new child. I therefore, have to pay about 200 dollars more a month. Can anybody tell me if in the state of AZ can they do that. If so doesn't 600 seem like a bit much? Since she is not working I do not see how she can claim that she is paying 600 towards a new baby.

 

[VeronicaGia]

What is the name of your state? Arizona

I have been having trouble finding the info for this and I was hoping someone elso might be able to help me. This summer I will be taking my ex back to court for MANY things. On our last court order for CS they figured in a credit of 600 dollars a month for her new child. I therefore, have to pay about 200 dollars more a month. Can anybody tell me if in the state of AZ can they do that. If so doesn't 600 seem like a bit much? Since she is not working I do not see how she can claim that she is paying 600 towards a new baby.

That is very strange. Are they going to credit you $600/month if you have another child with someone else? How can they make you pay more a month for a child that is not yours? Did you fill out an income and expense declaration (it may be called something else in your state)? How long ago was your last court order?

 

[abstract99]

That is very strange. Are they going to credit you $600/month if you have another child with someone else? How can they make you pay more a month for a child that is not yours? Did you fill out an income and expense declaration (it may be called something else in your state)? How long ago was your last court order?

That is the thing.... I have another child that is older and due to a messup (see one of my other posts) through the CS office when I went to court my oldest's ex was not receiving CS (even though I was paying it) so I did not get credit for paying it. I just don't see how it is fair that she is not working, therefore, making it IMPOSSIBLE for her to be paying for this new child yet she gets a credit for it anyways. She also gets a credit for daycare even thought she doesn't send them. The courts said that she would have to send them if she was working. The thing though is that she is not working. So how can she be spending all of this money on these children? I don't get it and I don't really think that it is fair that I should have to pay for a child that she had with a man that she cheated on me with. I don't feel that I should have to support her child. Especially when she is 1 class away from a college degree but refuses to take that one class so I can't have the appropriate income assigned to her.

 

[VeronicaGia]

That is the thing.... I have another child that is older and due to a messup (see one of my other posts) through the CS office when I went to court my oldest's ex was not receiving CS (even though I was paying it) so I did not get credit for paying it. I just don't see how it is fair that she is not working, therefore, making it IMPOSSIBLE for her to be paying for this new child yet she gets a credit for it anyways. She also gets a credit for daycare even thought she doesn't send them. The courts said that she would have to send them if she was working. The thing though is that she is not working. So how can she be spending all of this money on these children? I don't get it and I don't really think that it is fair that I should have to pay for a child that she had with a man that she cheated on me with. I don't feel that I should have to support her child. Especially when she is 1 class away from a college degree but refuses to take that one class so I can't have the appropriate income assigned to her.

Ok, but you didn't really answer any of my questions.

 

[abstract99]

Are they going to credit you $600/month if you have another child with someone else?

I don't know. Neither me nor my wife can have any children.

How can they make you pay more a month for a child that is not yours?

I don't know

Did you fill out an income and expense declaration (it may be called something else in your state)?

I filled out a financial afidavit if that is what you are refering to.

How long ago was your last court order?

The last CO for CS was last November.

 

[LdiJ]

Newguy,

The reason why she is getting a credit for the new child and for childcare is because she has been "imputed" an income. In other words, the child support calculation was based on her working at a specific wage level.

Otherwise, she would not/could not have recieved the credits....and your child support might be higher than it is now.

 

[abstract99]

Newguy,

The reason why she is getting a credit for the new child and for childcare is because she has been "imputed" an income. In other words, the child support calculation was based on her working at a specific wage level.

Otherwise, she would not/could not have recieved the credits....and your child support might be higher than it is now.

Yes... but why is it fair that I have to pay her an extra 200 dollars a month cuz she went and got knocked up. I have heard of it happening before but I would just like to know what law says that she can get a credit for that.
In reguards to the Daycare. Legally in AZ CS is not required for children 10 and over (I don't think that my 10 year old daughter should be left alone but this is still the law in reguards for CS). So that means that she can only claim DC for the youngest. Since he is in school until around 3:00 then I don't see how she can get a credit for 600 something dollars a month for DC costs. Mind you, daycare costs are split 50/50 but I do not get a credit on my half of the calculation but technically according to our court paperwork I still have to pay 1/2 of the fees for the care. So that means that even though she got a credit for 600... TECHNICALLY, the state is saying that it costs 1200 dollars to send a child to DC for 2 hours a day, @ about 20 days a month. It just doesn't seem to me like the calculation is adding up right here. Especially when the Step dad is military and it cost very little to have the kid in day care for 2 hours a day.

I'm not really complaining about the CS. I am going back to court soon and I was trying to find the law that states that my CS payments can be higher because she had a new child. There is a little bit of me feeling that this is unfair too. I come home to find my (then) wife in bed with another man and then she gets prego by him and I have to pay more money because she had a new baby with this man. I am going to be fighting for Sole custody based on the countless charges for contempt that are going to be brought up before the judge but if I lose I would like to know what I can do to get the CS lowered to a fair amount.

Also, my wife has been denting me visitation for almost a year now. Can she file for back support for those extra days that she had the children? And if so, will I just be able to say that it was not my fault that I did not see the children?

Otherwise, she would not/could not have recieved the credits....and your child support might be higher than it is now.

I had to request an imputed income for her. I could not afford to pay her more than I already do. I have to take care of the children while they are here too. My problem is I can't find where it says that she can get 600/mth for DC and 600/mth for her new kid. I would like if someone DOES KNOW where the info is to tell me.

 

[LdiJ]

Yes... but why is it fair that I have to pay her an extra 200 dollars a month cuz she went and got knocked up. I have heard of it happening before but I would just like to know what law says that she can get a credit for that.
In reguards to the Daycare. Legally in AZ CS is not required for children 10 and over (I don't think that my 10 year old daughter should be left alone but this is still the law in reguards for CS). So that means that she can only claim DC for the youngest. Since he is in school until around 3:00 then I don't see how she can get a credit for 600 something dollars a month for DC costs. Mind you, daycare costs are split 50/50 but I do not get a credit on my half of the calculation but technically according to our court paperwork I still have to pay 1/2 of the fees for the care. So that means that even though she got a credit for 600... TECHNICALLY, the state is saying that it costs 1200 dollars to send a child to DC for 2 hours a day, @ about 20 days a month. It just doesn't seem to me like the calculation is adding up right here. Especially when the Step dad is military and it cost very little to have the kid in day care for 2 hours a day.

I'm not really complaining about the CS. I am going back to court soon and I was trying to find the law that states that my CS payments can be higher because she had a new child. There is a little bit of me feeling that this is unfair too. I come home to find my (then) wife in bed with another man and then she gets prego by him and I have to pay more money because she had a new baby with this man. I am going to be fighting for Sole custody based on the countless charges for contempt that are going to be brought up before the judge but if I lose I would like to know what I can do to get the CS lowered to a fair amount.

Also, my wife has been denting me visitation for almost a year now. Can she file for back support for those extra days that she had the children? And if so, will I just be able to say that it was not my fault that I did not see the children?



I had to request an imputed income for her. I could not afford to pay her more than I already do. I have to take care of the children while they are here too. My problem is I can't find where it says that she can get 600/mth for DC and 600/mth for her new kid. I would like if someone DOES KNOW where the info is to tell me.

Ok...lets try this again. You are dealing with an "income shares" state. Which means that both incomes are taken into consideration in calculating child support...and you properly got an income imputed to her.

You want credit against the child support calculation for your other child who didn't originally get included. You are correct to want that credit. However, at the same time you don't think its fair that SHE also gets credit for her other child? Think that one through carefully. Don't be an unintentional hypocrite.

 

[BelizeBreeze]

Don't be an unintentional hypocrite.

It's not unintentional.

 

[abstract99]

Ok...lets try this again. You are dealing with an "income shares" state. Which means that both incomes are taken into consideration in calculating child support...and you properly got an income imputed to her.

You want credit against the child support calculation for your other child who didn't originally get included. You are correct to want that credit. However, at the same time you don't think its fair that SHE also gets credit for her other child? Think that one through carefully. Don't be an unintentional hypocrite.

1) I am not talking about my oldest child. I am talking about her new child.
2) I had that child already when I married her and was already paying support on the her. That means that when she married me, she new that my income was less because of the CS.
3) Whild married to her I got a vascetamy (at her request by the way). So that would go to say that she no longer planned to have children. (she was going to have her tubes tied but there was a complication that did not allow her to do it)
4) I never requested the fact that I pay CS to my oldest to be taken into consideration. IN FACT, I specifically said that it could be left out but for some reason the state automatically put it in. I think because but CS orders are paid through the same state. I never wanted credit for the oldest. The way that I look at it is I have an obligation to support all of my children. My two younger ones should not get less CS just because they have an older sister from a different mom. CS for me is not just feeding and clothing my children. Those (2) kids mom will buy them less for their birthdays and for christmas and take them out less unless I provide for these items. I never wanted credit for my oldest because my children are more important than money to me. None-the-less, I only get a credit aound the 300 dollar range for my oldest (and I only see her 2 months a year) and she gets 600 for a child that I. Don't forget that if she was following trough with the visitation schedule I would have over 150 visitation days a year. 182.5 days is 1/2 of the year.
5) In all honesty, if she let me see my children (working on now) I think my whole opinoin on the matter has slightly changed. I look at it as why should I help her out if she is keeping my children from me.

It doesn't really matter what is "fair" or "not fair" here. I was asking if there is a law that states that I should have to pay her extra CS because she had another child.

Oh and Belize.... I don't have enough fingers and toes on my body to count the number of times you have yelled at a poster because you didn't think that they left any "legal" advice yet you have the nerve....


Anyways... I am looking for the ACTUAL LAW here people. I'm not even saying that the law does not exist. I am just wondering that if it does exist I would like a to know how to find it because my searches so far have come up with nothing.

 

[abstract99]

And just so you know. I am a 35 year old man that is finally going back to school and getting my degree so that I can get a job so that I can give my children the things that they want. My ex-wife on the other hand... I paid out of my pocket whilke we were married for her to go to school. She is literally 1 class away from her degree. She has been one class away since the CS order has gone into affect. She dropped out of her LAST class 1 day before she had to turn in her income information to me. This means that I was only allowed to assign her an income of 21,000 a year as opposed to the 60,000 dollar pay that she would get starting out with a job with her degree. She was 3 weeks... 3 WEEKS!!!! away from finishing her degree and she would have been done. She has even admitted to me that she dropped the class intentionally so that I could not assign her the full amount. She said that she wanted to be a stay at home mom. That's great if she wants to do that, I don't care. The difference that it makes to me though is the extra 587 dollars that I have to pay extra just because she dropped that class.

I'm broke, I'm tired. My wife needs better medication for her cancer but we can't afford it. The cancer that she has is very rare. Even if they remove it from the place that it is growing, the "cancer gene" is in her "blood". There is no removing it. It would cost way to much to even do some of the experimental treatments that are out there.

You have NO IDEA how hard it is for me to try to decide if we should try to save my wife from her CONSTANT pain and not pay CS for a while or do what is best for my children. You don't know what it is like to see your wife in the hospital not knowing if she is going to still be alive in a year and can't help but be pissed at the CS for some of it. We don't ever go out. We pay our very basic monthly bills and set aside what we can. We haven't been on a date in months. WE don't have cable. We buy the cheep stuff at the grocery store. All of this to try to save up some money. And every time that we get some money saved up the ex pulls something that costs me money. She got my sons teeth capped. He was 5 years old. The teeth were going to fall out soon anyways. I asked her to wait until his adult teeth came in and she would not. I eve called the dentist and he told me that she had come in demanding the procedure and said that if he wouldn't do it, she would find someone that would. I just paid almost 700 dollars 2 days ago for plane tickets that she is supposed to pay 1/2 of. I could go on and on with things. She sent my son to school in boxer shorts and a wife beater. This is a school that has a uniform policy. I had to go pick up my son from school and when I called her and asked him where all of his clothes were she said that she donated them to her church and that she would continue to send him in those clothes until I bought new ones for him to keep at her house. The lady is psycho. Yeah yeah yeah I brought it up in court, I even brought in the info from the school. She denied it all and got nothing done to her. I had to pay 5000 dollars for my son to attend counseling because at the age of 6 he told me that he would kill himself if he had to go to his moms house anymore. On top of that, he looks nothing like me (he looks like the man that she was cheating on me with). I don't want to get a DNA test because I am the only father he has ever know and I don't care if he is mine or not because I love him like he is. I would DIE before I do a DNA test on him and risk that the man that physically and mentally abuses him is his real father. And that is just my son.... we won't even get into the games that she plays with my daughter.
An extra one or two hundred dollars less a month might make or break us and if I don't have to be paying that extra money it would be nice if someone could tell me. I'm sure you can see how this is a rough decision to make but in all honesty I am tired of bending over backwards for this woman and just getting walked all over. Enough is enough. I have given her her way so far because I thought that was what was best for my children. I have done my best throughout the years to shield them from the courts just for them to go over to their moms house and have her tell them lies. I can't take it anymore. You have no idea how much this rips me apart to have to chose between money for my children while they are at their mothers house (which I am not quite sure she needs anyways) or getting treatment for my wife. I will not let my ex take advantage of me anymore. I will fight for SOLE custody this summer. I am hoping for the best but trying to prepare for the worst. If I lose I will need to know this to help me recalculate my CS properly.


I am sorry for ranting here but I am at wits end. I don't know what to do and I do not qualify for legal aid. Any help that I can get on this matter would be greatly appreciated.

 

[LdiJ]

I am truly sorry for your troubles. I understand how difficult things are for you.

The bottom line however is that in AZ both prior and subsequent children are taken into consideration in the child support calculation. However, you do not have to pay anything that you are not court ordered to pay.....and you can certainly file contempt against her for denying visitation, and for not paying her share of travel or other expenses. You don't have to have an attorney to do that. You can represent yourself.

It also may be possible to get the judge to impute a somewhat higher income to her as well (60k would be unlikely though) if you can convince the judge that she is willfully not completing her degree.

 

[abstract99]

I am truly sorry for your troubles. I understand how difficult things are for you.

The bottom line however is that in AZ both prior and subsequent children are taken into consideration in the child support calculation. However, you do not have to pay anything that you are not court ordered to pay.....and you can certainly file contempt against her for denying visitation, and for not paying her share of travel or other expenses. You don't have to have an attorney to do that. You can represent yourself.

It also may be possible to get the judge to impute a somewhat higher income to her as well (60k would be unlikely though) if you can convince the judge that she is willfully not completing her degree.

Thank you for your help. I have tried to get the income raised but to no avail. There is no one thing about the CS that really pisses me off... it is more like all of the things added up together that do not really seem fair to me. I am just trying to do what is best for my family. I have always paid on time weather I agree with the amount or not but I am at the point now where I am trying to explore my options. I am trying to cover all of the bases so that I can be prepared in court.