Verbal agreement for 7 years

[spleenk]

Arizona

Since 1998 she gets $300 per month and claims him on taxes. I pick him up every other weekend. I've never missed a payment.

In May 2004 she says she has a Child Support packet that says I owe $500 per month after she plugs in our income and such. I get the packet and the outcome is $450 per month. I show her this and the numbers I plugged in, the Parenting Days(90) were different BTW, and offer her this result and we alternate tax deductions. I talked to a lawyer for 5 minutes and he said we should be sharing the tax if we go the packet route.

She says no and demands $500. We can't agree so she serves me with these:

COM - Complaint/Petition 7/26/2004
SUM - Summons 7/26/2004
PSC - Petition for Order to Show Cause 7/26/2004
NOTE: RE PENDENTE LITE RELIEF
AFI - Affidavit of Financial Information 7/26/2004
ONA - ORD & NOTICE ATTEND PARENT INF

What the hell is PENDENTE LITE RELIEF?

Is she setting me up by offering the $500?

She just re-fied her house for the 3rd time along with her 3rd second mortgage for $18K. She spent the money on a boob job in 2002 and trips to Cabo Wabo and Hawaii over the last 2 years.

Will she get back Child Support?

Will the judge make me pay her debts?

Thanks for the help, and thanks for this forum!

 

[Tayla]

Arizona

Since 1998 she gets $300 per month and claims him on taxes. I pick him up every other weekend. I've never missed a payment.

In May 2004 she says she has a Child Support packet that says I owe $500 per month after she plugs in our income and such. I get the packet and the outcome is $450 per month. I show her this and the numbers I plugged in, the Parenting Days(90) were different BTW, and offer her this result and we alternate tax deductions. I talked to a lawyer for 5 minutes and he said we should be sharing the tax if we go the packet route.

She says no and demands $500. We can't agree so she serves me with these:

COM - Complaint/Petition 7/26/2004
SUM - Summons 7/26/2004
PSC - Petition for Order to Show Cause 7/26/2004
NOTE: RE PENDENTE LITE RELIEF
AFI - Affidavit of Financial Information 7/26/2004
ONA - ORD & NOTICE ATTEND PARENT INF

What the hell is PENDENTE LITE RELIEF?

Is she setting me up by offering the $500?

She just re-fied her house for the 3rd time along with her 3rd second mortgage for $18K. She spent the money on a boob job in 2002 and trips to Cabo Wabo and Hawaii over the last 2 years.

Will she get back Child Support?

Will the judge make me pay her debts?

Thanks for the help, and thanks for this forum!

Pendente Lite Relief= Temporary Motion Order
Temporary motions are just that – temporary. The Court will always have jurisdiction to enter a final decision on child support based upon the evidence presented at the hearing, if you and the mother do not settle the case.
Hopefully you have saved all the support checks you have paid out over the years.
Why would the judge make you pay her debts? Those debts are HERS. Unless you agreed to make payments for the house or other necessities through another agreement...(that question sorta throws me off on how to really reply)

By placing a request for child support thru the courts she is simply "insuring" by law that you'll not default. Its well within her right to request support. As to the amount, let the courts decide that. Take this as an opportunity to renegotiate based on cost of living and upbring of the child. Sounds to me that you are a responsible man and father. On that level, you're to be commended. Get an attorney for the final support hearing.

 

[BL]

Pendente Lite Relief

While your divorce case is pending, the court can consider many issues. For example, you may need alimony, use of the family home or car, or child support some time before the final decree is entered. This is especially true in contested cases, which can sometimes take years to sort out.

In these cases, your attorney can file a motion for pendente lite relief. The court can then award temporary relief for the duration of the divorce litigation or until the final divorce is awarded.

 

[spleenk]

Still in Arizona.

Thanks for the replies.

To clarify:

Never married. Just two knuckleheads playing Vatican Roulette so no alimony, but can the Judge award back Support in any form? I've never missed a payment and she is the one who came up with the figure in the first place.

I've also saved about $10K in the bank over the last 15 years and wonder if she can make a claim to it.

I can't find a directive in this Support packet that stipulates we share the tax deduction. What criteria do Judges use? I've been told it is because our wages are similar but can the Judge award her exclusive rights to the deduction if they feel like it?

I gave her $429 instead of $300 this last month since she would have gotten that anyway when we see the Judge. I wrote PENDENTE LITE RELIEF on it as well just for the record.

Thanks

 

[tigger22472]

If there was no support order to begin with No back support is due. In fact LEGALLY you didn't have to give her anything the last four years.. (morally is a different story). If there would of been a court order for the support.. until she or you had it modified that amount would stand so even if she got it raised it wouldn't of started until the court ordered it. Personally although I rarely suggest doing things without a lawyer if you feel confident and CS and taxes are the only issues.... I would do it alone. CS is a state figure. The taxes thing,all you have to do is open your mouth and ask when the judge asks you.

 

[spleenk]

At this point I'll be there with no counsel. I'm also going to offer her this:

She keeps the deductions and I pay $370 per month. This will total $580 more dollars for her over 2 years, and I would pay about $40 less per month. I figure 2 years because we would split the deduction otherwise.

I estimated $2500 for her when takes the deduction since she also gets the Head of Household deduction. I'd only get the Dependant deduction which is obviously less.

Anyone else ever hear of arrangements like this?

Would a Judge accept anything we agree to, or tweak it if necessary?



Thanks

 

[tigger22472]

The odds of it happening like that are slim. CS is figured on your WORK income not on tax income and taxes are a totally separate issue. States are required to use their state calculations when figuring CS unless there is another agreement between the parents THAT THE JUDGE APPROVES. You're best bet on taxes is to alternate years but also know that if she wants she can put in a provision that if you are behind on support at tax time wether it's your year or not she can file.

 

[Gracie3787]

At this point I'll be there with no counsel

At this point I'll be there with no counsel. I'm also going to offer her this:

She keeps the deductions and I pay $370 per month. This will total $580 more dollars for her over 2 years, and I would pay about $40 less per month. I figure 2 years because we would split the deduction otherwise.

I estimated $2500 for her when takes the deduction since she also gets the Head of Household deduction. I'd only get the Dependant deduction which is obviously less.

Anyone else ever hear of arrangements like this?

Would a Judge accept anything we agree to, or tweak it if necessary?

My husband and I learned the hard way that if a father goes into court without counsel he will get screwed. We have never been able to afford an attorney, but out of 6 hearings in the last 3 years, the only one where the judge allowed my husband to speak and present evidence was the one for which we spent $50 for a court reporter.
My hearfelt advice to anyone representing themselves is this- Hire a court reporter- the small cost is worth it, and also gives a legal "record" of hearing in case of an appeal.