Should I have to pay Child Support?

[RLD]

State : Kentucky

Me and my wife seperate over a year ago.
I've been living on my own since. We never had the money to file for divorce, and maybe both of us just thought things might get better. But they never did.

I met someone, we fell in love. I hid nothing from my wife about this. The woman I fell in love with ended up pregnant. Our baby will be due soon and were looking forward to starting our family, with her prior son and my 2 prior young children.

My wife agrees with the divorce, we have nothing to contest between the 2 of us, no money, no property..etc Just the kids.

She has agreed to shared custody. I will have the kids Monday through Sat and my mom keeps them Sundays because she always has, she likes too. And then my wife takes them Monday through Sat and so on.

I've also given her money when she was in between checks for anything she has needed. We both have good paying jobs, are kids are watched for free while we both work. I pay all the health insurance.

We were going to do this Lawyer free, just pay this place $359 to help us fill out all the papers.. agree to everything then pay our state filling fee. However, she wants all this money in child support. And although I don't have a problem helping her out here and then I honestly just don't see a reason why I should have to pay her a certain amount each month.

We both have good jobs, we will both have the kids the same amount of time each month so we will be be paying the same amount of money for the kids things and on top of that I'm the one who gets money deducted from each one of my paycheck for there vision, dental & medical. Not considering I have a new baby on the way I will be responsible for.

Right now she lives with her grandmother, she only has a car payment and car insurance. And she says "Well I won't want to live there forever and I can't make it on my own" So once she moves out and has houshold bills and rent we will both be completely and entirely equal in what we pay each month to live and support our children.

She is wanting $250-300 a month. And in most guys situations they would probably jump at the chance to pay that amount on 2 children however with all I have states above I just don't see how I am expected to pay almost anything at all. I mean with the scenerio given in the above paragraphs why should she be given money to reimburse what she has paid for the kids and to help her provide shelter..etc I mean why am I not entitled to child support from her?

Should I take the $250-300 a month agreement with her or do I stand a chance fighting for less or none with the arguments I have given?

 

[krispenstpeter]

You said you both have good paying jobs. But, you make more than she does AND you have a new wife who either works or contributes around the home in other ways.

How do I know you make more? Come on guy, it's Kentucky. Remember, I may be in Tennessee, but the two are so far behind the real world it's not even funny.

And she's right, she won't be living at grandma's all her life.

So, you have a choice. You can either accept her deal, which is fair, or let the state of kentucky decide for you.

Now, which do you think will be more fair?

 

[Jenni_Pooh2]

I am far from being an expert on this, but I would suggest that if you are sharing custody 50/50, and she is still trying to get child support, run, dont walk to the nearest divorce attorney you can find. You can usually get a free consultation and an attorney will have the best answers for you. It sounds as if soon-to-be ex-wife still thinks you should support her since she cannot do it herself. Good luck.

 

[RLD]

krispenstpeter,


You disgredited none of my arguments though. I don't make much more each paycheck that she does with all the health coverage I pay.

And again the kids are shared equaly and she will have no more bills then myself. Why would she be granted money for what she pays over the same things I'm paying.

I just don't think this is right and I feel a good lawyer could prove this points I've made.



And yes it sounds like she is wanting me to support her and not the children cause I would be supporting the kids everytime I have them wich is no less then her.

 

[krispenstpeter]

The reason I disregarded your arguments is.....Now get this...so will a judge.

The ONLY criteria that a judge will base his/her decision on is what is mandated by the state.

It is your right to 'run to an attorney' as jenni said. But you tell me what is the first thing that's going to happen if and when you do?

That's RIGHT!!!! momma bear is going to run to her own attorney and then you're going to be back here pissing and moaning because NOW she is filing abandonment and wanting alimony on top of child support.

either take her deal, negotiate it down based on the insurance (which will be written into the divorce) or run to an attorney. But do not depend on your arguments to hold much water.

Because I can hear the judge now. "So you have bills. We ALL have bills. you ALSO have children who WILL be provided for."

Slam DUNK!!!

 

[RLD]

The reason I disregarded your arguments is.....Now get this...so will a judge.

The ONLY criteria that a judge will base his/her decision on is what is mandated by the state.

It is your right to 'run to an attorney' as jenni said. But you tell me what is the first thing that's going to happen if and when you do?

That's RIGHT!!!! momma bear is going to run to her own attorney and then you're going to be back here pissing and moaning because NOW she is filing abandonment and wanting alimony on top of child support.

either take her deal, negotiate it down based on the insurance (which will be written into the divorce) or run to an attorney. But do not depend on your arguments to hold much water.

Because I can hear the judge now. "So you have bills. We ALL have bills. you ALSO have children who WILL be provided for."

Slam DUNK!!!

Your thoughts here arent holding much water either. For one, no judge is going to grant alimony, thats very hard to get and there is absolutley no evidence showing she was living a lifestyle with my money that she can't live on her own now, I was only bring in $1,200 a month our entire life together.

And the "so you got bills, we all have bills" comment.. that would be said to BOTH of us.. My point is here that she has no basis for money from me, Any basis you have for saying she does, then I have for saying she should pay me child support.

 

[krispenstpeter]

Are you really this stupid or do you just practice very hard?

I did not say she would get alimony. I said, exactly "That's RIGHT!!!! momma bear is going to run to her own attorney and then you're going to be back here pissing and moaning because NOW she is filing abandonment and wanting alimony on top of child support."

it's called a divorce num nuts. And the minute you run to an attorney that's the same thing she's going to do.

But you're right. you do whatever the hell you want.

Just remember this conversation when you come back to this forum pissing and moaning because now you're not only paying the insurance, but ALSO much more child support than you would have if you had NEGOTIATED with her.

No wonder the Hatfields and McCoy's stopped their feud. They ran out of people who knew which end of the rifle to point

 

[JIMRODRIGUEZ]

NEED HELP.

WHEN I DIVORCED 5 YEARS AGO, THE EX AND I AGREED TO A 50/50 CUSTODY. I MAINTAINED A HOUSE FOR THEM WITH THEIR OWN ROOM. THEY WERE WITH ME 2 DAYS A WEEK AND EVERY OTHER WEEKEND. I PAID FOR SCHOOL CLOTHES, LUNCHES ETC..... NOW, 5 YEARS LATER, 5 YEARS LATER, SHE IS SEEKING BACK CHILD SUPPORT, AFTER WE HAD AN ORAL CONTRACT. CAN SHE DO THIS? WHY 5 YEARS LATER? CAN THE POSSIBLITY OF ME REMARRYING BE HER MOTIVE? WHAT CAN I DO. MY DAUGHTERS ARE NOW 18 AND 16. PLEASE HELP.

 

[stealth2]

Jim - two things. Start a new thread and you'll get more responses. It's poor form to hijack someone else's thread.

And please turn off your CAPS! It's the equivalent of shouting and none of us are deaf.

Thanks.

 

[krispenstpeter]

Post your own thread do not piggyback on someone else's thread.

 

[JIMRODRIGUEZ]

SORRY.

WAS NOT MY INTENTION TO STEP ON ANYONES TOES. THE FORUM IS NEW TO ME.

 

[krispenstpeter]

Then I won't scream at you by typing in ALL CAPS!!!!!!!!!!!!!!!!!!!!!! Please turn them off.

 

[JIMRODRIGUEZ]

DON'T BE SO SENSITIVE.

I'M NOT SCREAMING, ITS THE WAY I TYPE. IF YOU DON'T LIKE, ACCEPT MY APOLOGY AND HAVE A NICE EVENING.

 

[stealth2]

Re: DON'T BE SO SENSITIVE.

I'M NOT SCREAMING, ITS THE WAY I TYPE. IF YOU DON'T LIKE, ACCEPT MY APOLOGY AND HAVE A NICE EVENING.

Did you miss this part in the posting guidelines?

"Please Include your state, be civil, brief, and to the point, and use lower case letters. "

See where it says LOWER CASE LETTERS? That means TURN OFF the caps.

 

[RLD]

If we do the shared parently, 50/50 all the way but I am named the actual "Custodial" parent.. Does that change my child support payments or make it so that I am not the one paying?