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#61
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Wife wanting child support after 12 years.
I dont know about Florida, but in Michigan an Order can NOT go rectoactive
to any date other than the date the order is actually SIGNED!! You may want to ask someone from Florida however, I just happen to know michigan is that way! wrote in message ps.com... Gini wrote: wrote I will try to make this short...although it's not easy. ................................. The daughter who stayed with me is now 18 and going to college. The daughter who stayed with her is 16. They live in Florida, I live in Delaware (which is where we divorced). She filed for child support for the 16 1/2 year old. I just received word about a month ago. She wants arrears starting back to July 1st. == Why back to July 1st? Is that when she filed? Yes (More Below) == There is no mediation because this is a interstate issue, so it goes immediately to a hearing which is next Dec. 6. == Is the hearing in Florida? If it is Florida, let me know which county. (More Below) She filed in Delaware == .............................................. I made out o.k. this year financially because I do a lot of overtime. I hear they will take that as well. == In Florida, if a second job is for the purpose of supporting a subsequent family, the income is not used to calculate support. I'm not sure how overtime fits into the picture but it's worth a try to tell them it was done to support your second family. In Florida, however, that is about the extent of consideration of subsequent children. They are eliminated from the calculations otherwise. (More) == ............................................... I don't know what to expect. Should I expect the courts to rake me over the coals or should I expect the courts to be understanding and realize that while I am willing to help my daughter financially if she needs it, I also have a new life and a new family to support. I offered $250.00 per month when I found out she was filing, she refused it and said she wanted to go to court. == That's an extremely low amount of support. I'm sure she won't accept it. Of course she didn't, her purpose is for revenge...she hates the fact that I remarried and have a new family now. Her purpose is to see me financially ruined to hurt me and my new family. Like I said, our other daughter..for 12 years she never gave one penney to help her. In her petition, she states.. "Each parent was responsible for one child born in the marriage. (Name of oldest daughter) who resided with father is now 18" That shows two things... a) We had a mutual agreement to raise the child that resided with us until the age of 18 b) She purposely waited until the oldest was 18. Yes, $250.00 may seem like a low amount...but when you have a family to support, mortgage, bills, ect... She doesn't have a mortgage to pay. And keep one other thing in mind. This is 12 years later, we both moved on. It's not like we are going to consider support to keep the same standard of living as it was in the marriage. That was 12 years ago. Her standard of living and mine has changed. You need to check the controlling state's guidelines to find exactly how much you can plan on paying. Upside? CS in FL is only paid until the child is 18. You don't have far to go. == == |
#62
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Wife wanting child support after 12 years.
Personally I would file for custody at this point!
wrote in message oups.com... I am very worried, nervous, and upset. This whole ordeal has my whole family upset. I hear horror stories of courts raking fathers over. I made out o.k. this year financially because I do a lot of overtime. I hear they will take that as well. Okay... First of all accept the whole thing sucks. The process, the courts, etc. There is no way this is good. However, you can calculate the amount of damage (worst case). It seems Delaware has jurisdiction and it seems they also stop at 18. Some states like mine keep the NCP paying the ex until the child is 24. Anyway....use this for a start: http://courts.delaware.gov/Support%2...pageresult.asp Likely they will take your last year's income and not care that it was overtime. Once you know the worst case number then you can think about how to reduce it. You need to decide if you want to hire an attorney. I'm a major fan of doing it yourself, with an attorney as a consultant to review my motions or trial strategy; but it does take an emotional toll. There are advantages though and more than just saving money to doing it yourself. My main argument would be that your child support agreement intended that each child was to be supported by each parent. You fully supported one child the intent of the agreement is that she now is to fully support the other. I have no idea if that will fly, but I'd sure try. The second major point is that she has an obligation to earn to the best of her capacity. If based on her education/training you strongly feel she is not earning an average salary you can file a motion to have income imputed to her. Judges are not likely to impute income in a way that will take existing money from a child. But it can create enough of a hurdle that they also may not increase existing child support (which for now is $0). If you do choose to try to impute income, you need to hire a vocational consultant who can look at your ex's resume and write a report that you then file with the court. The consultant does not need to meet with your ex. When I did it, it cost me about $2,500 for the report and her time in court. You can argue about the need to support the children living with you now, although the child support guidelines typically emphasize that the first children have greater claim. However, note that the Delaware form does ask the number of dependent children living with the Father. Good luck. If you have other questions ask us and keep us posted how this goes. Don |
#63
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Wife wanting child support after 12 years.
"news.comcast.net" wrote in message . .. I dont know about Florida, but in Michigan an Order can NOT go rectoactive to any date other than the date the order is actually SIGNED!! Unless she files before the child's 6th birthday and they will start from date of birth! $100/wk x 52 x 6 years is $31,200. That's a minimum calculation + 8% interest every year. |
#64
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Wife wanting child support after 12 years.
"DB" wrote "news.comcast.net" wrote I dont know about Florida, but in Michigan an Order can NOT go rectoactive to any date other than the date the order is actually SIGNED!! Unless she files before the child's 6th birthday and they will start from date of birth! == You know this to be the law in MI? |
#65
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Wife wanting child support after 12 years.
"Gini" wrote in message news:cT%hh.9881$cx4.8332@trndny09... "DB" wrote "news.comcast.net" wrote I dont know about Florida, but in Michigan an Order can NOT go rectoactive to any date other than the date the order is actually SIGNED!! Unless she files before the child's 6th birthday and they will start from date of birth! == You know this to be the law in MI? I have been in contact with quite a number of fathers from Michigan, this is standard procedure for Michigan FOC. In all cases, even if you were involved for the first 4 years of the child's life, FOC starts the arrearage from date of birth. This creates a larger number for AG Mike Cox's bragging rights for his election campaign. It's abuse like this that ****es everyone off! |
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