What am I getting myself into?

[tarnis]

What is the name of your state? Florida

Hi, well this is a multi-part questions. I guess the first part would be if I were to marry my girlfriend could her ex husband hit her up for more childsupport based on our combined income? Heard this could be the case in some states..she can barely live on what she makes after paying child support as it is.

Question two would be more towards her...She just started paying child support recently, moved over here a year ago to finish up school and get away from him(doesn't stop intruding into her life, bought her old house practically bought several of her friends yadda yadda) but once she gave him support of the daughter who she couldn't work goto school and take care of she got hit up for child support. I guess my question is either:
A: is there any way she should be able to get some of the money back to be used to go see the kids as she's so strapped she can't afford the gas to drive several hours then pay for food and whatnot and has no place to stay really anymore in the area at this point.

B: Force him to at least make half the trip...especially considering he plans to move another hour away from where he is living now.

Thanks!

 

[stealth2]

No, your income would have no impact on her supprot obligation. In most cases. Make sure you keep all of your stuff separate (i.e. bank accounts, etc) and don't put property in both names.

It is unlikely that her support obligation would be reduced by her choice to move further away. Same with making him provide half the transportation. She created the distance, she should be responsible for it.

 

[tarnis]

But now that he's moving even further away?

 

[stealth2]

So Mom can ask that he be required to transport the kids back to the hometown for p/u. There's a difference between "an hour away" and "several hours". Ya know?

 

[Jillian483]

reply to you question

okay well first of all some states can take into account the income of the parents spouse but usually for the means of determining if mother can still support child. In most states the law is that child support cannot be more than 20% of the parent's disposable income yet this is very rarely the case.
Secon of all it is next to impossable to get reimbursed child suppot. I have heard of father's paying child support for years and then finding out that the child was not theirs and the courts still do not reimburse the money. However, Your girlfriend can file for a new child support order to seek help or credit in paying for costs icurred during transportation. hope this helps you

 

[stealth2]

In most states the law is that child support cannot be more than 20% of the parent's disposable income yet this is very rarely the case.

What hole did you pull this info out of? Go look at state guidelines - many (most) have percentages over 20%.

 

[rmet4nzkx]

You are leaving a lot of the story out. If she had custody and gave it up to the father, to finish up school and because she couldn't work, go to school and take care of her child, her priorities are confused.

She may not be giving you the whole story either, although I doubt that, perhaps you are a part of that story? So she made the first move away from her child and now the father is moving away as well?

She could when she finished school move closer to her child and get employment there, or is a part of that "him(doesn't stop intruding into her life" include that she chose to be with you rather than her child? If her income is limited because she is in school and didn't get spousal support for that then the judge is going to calculate her child support obligation according to the state's rules, it was her choice to make less money and to abandon her child for school and what ever else was more important at the time.

 

[FLFamof5]

okay well first of all some states can take into account the income of the parents spouse but usually for the means of determining if mother can still support child. In most states the law is that child support cannot be more than 20% of the parent's disposable income yet this is very rarely the case.

Florida basis the CS on both (biological) parents income.. and trust me...it's more than 20%. They do not take the spouse's income into consideration. If your girlfriend quit her job to go to school then they will either base it on her previous earnings, on minimum wage, or potential earnings from previous wage.

As far as the distance.. the other posters are correct. She made the distance first and she is responsible. Now, since he is moving another hour away then he "MAY" have to provide transportation to the original hometown.

Ex... DH moved 3 hrs away from SS after divorce with his EX because he couldn't afford to stay in S. FL so moved up here so family could help him back on his feet. We met and married and we have to drive 2hrs 15 mins one way to pick up SS... then back home... ususally a 6hr roundtrip for his weekend visits. DH tried to go back to court to ask her to meet half-way and judge told him that unfortunately his situation is a bad one but he caused the distance... Motion denied.

 

[nagol818]

In most states the law is that child support cannot be more than 20% of the parent's disposable income


In PA they can take 55% of your income.

 

[Jillian483]

What hole did you pull this info out of? Go look at state guidelines - many (most) have percentages over 20%.

I ment to type 50% I must have accidently pressed the 2 but anyway thaks for being so rude when you wrote