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  #11  
Old October 14th 03, 01:59 PM
Angel
external usenet poster
 
Posts: n/a
Default I need help with a question

Thanks for the info. Actually I am the third wife. Second wife is deceased.
I understand he has an obligation to his children. Like I said before the
1st ex just keeps coming after more and more. Plus she wants him in jail all
at the same time. It's pure greed. She wants us living on the street and
paying child support also.
And we are getting ready to get into a custody battle with deceased wife's
family to get his daughter back. They took her when second wife died and he
was in FL, helping his mother. This was last year before we met. They
pushed the guardianship threw with out him knowing, and I just recently went
to the court house to see if deceased wife had a will giving custody of
child to her family. I found the guardianship papers and no will. Aunt
filed the papers and it was approved in less than a month. Some days I don't
know if I am coming or going.
Any information is greatly appreciated.
Angel
"frazil" wrote in message
...
Ah welcome to the world of CS. As a second spouse you do come second.

Your
ex is required to pay his court ordered CS based on his income. That some
of his income supports you, is irrelevent for determining his CS

obligation.
Her statement that her new husband pays nothing towards raising the

children
is also irrelevent when determining his CS obligation, as is your income,
and the expensive cars and designer clothes. Further your medical

expenses
are secondary when it comes to his CS payment. IOW, he can pay your

medical
expenses, but can not use the fact of paying your medical expenses as a
reason not to pay his CS obligation.

The only factors you mention that are relevent to determining his CS
obligation a 1) the oldest child turning 18, and 2) the ex not

working.
Depending on what the CS order says, he may not be obligated for CS for

the
18 year-old, although many recent CS orders require CS for the 18 year old
if the 18 year old is enrolled in a post-secondary education program (i.e.
college, trade school, etc.) While the ex's unemployment is a factor, my
experience is that it will have little effect on what he pays, because the
state will impute an income for her (i.e. decide what she could earn if

she
worked and assume that she earns that amount), or her income may not be

used
is the state formula for determining CS. If the state with jurisdiction
uses the income shares formula, it is almost certain that the state will
impute her an income, because that can result in a greater CS obligation

for
him. This is a result of the assumption that the amount spent on the
children is directly proportional to the combined income of the parents.

My advice is to you is to stay out of the situation to the extent you are
able and learn to accept the fact that when it comes to CS, you and he

(and
any children you and he may have) are secondary when it come to the ex and
her children. One more thing, she, the ex, can say anything she wants,

but
it is only what the court orders that has any force.


Angel wrote in message
...
Hello,
I just came from a "mistake of fact hearing". I stood in for my new

husband.
And I got to met the ex. They way I had things figured was way off from
what there (CS & ex's) figures are. But when I spoke up and said

something
she (ex) laughed at me. As it turns out the state is right, so as to

what
there figures say. The ex belittled me right in front of the woman that

was
conducting the investigation. She said that her children come first,

before
the new wife. We also, have a modification coming up because the oldest
child is now 18 and graduated from school. The ex proceeded to tell me

that
she will fight the modification, and that here new husband doesn't
contribute to raising the children...But these children have expensive

cars
to drive and all the designer clothes that are on the market and the ex
doesn't work. The ex also, told me that my husband has no right to pay

for
my medical expenses or medicine when her children are to come first. I
broke down into tears after she left. I don't know which way to go as I

am
new to all of this CS stuff. Can some on please give me some suggestion

or
advice.
Thanks
Angel






  #12  
Old October 14th 03, 01:59 PM
Angel
external usenet poster
 
Posts: n/a
Default I need help with a question

Thanks for the info. Actually I am the third wife. Second wife is deceased.
I understand he has an obligation to his children. Like I said before the
1st ex just keeps coming after more and more. Plus she wants him in jail all
at the same time. It's pure greed. She wants us living on the street and
paying child support also.
And we are getting ready to get into a custody battle with deceased wife's
family to get his daughter back. They took her when second wife died and he
was in FL, helping his mother. This was last year before we met. They
pushed the guardianship threw with out him knowing, and I just recently went
to the court house to see if deceased wife had a will giving custody of
child to her family. I found the guardianship papers and no will. Aunt
filed the papers and it was approved in less than a month. Some days I don't
know if I am coming or going.
Any information is greatly appreciated.
Angel
"frazil" wrote in message
...
Ah welcome to the world of CS. As a second spouse you do come second.

Your
ex is required to pay his court ordered CS based on his income. That some
of his income supports you, is irrelevent for determining his CS

obligation.
Her statement that her new husband pays nothing towards raising the

children
is also irrelevent when determining his CS obligation, as is your income,
and the expensive cars and designer clothes. Further your medical

expenses
are secondary when it comes to his CS payment. IOW, he can pay your

medical
expenses, but can not use the fact of paying your medical expenses as a
reason not to pay his CS obligation.

The only factors you mention that are relevent to determining his CS
obligation a 1) the oldest child turning 18, and 2) the ex not

working.
Depending on what the CS order says, he may not be obligated for CS for

the
18 year-old, although many recent CS orders require CS for the 18 year old
if the 18 year old is enrolled in a post-secondary education program (i.e.
college, trade school, etc.) While the ex's unemployment is a factor, my
experience is that it will have little effect on what he pays, because the
state will impute an income for her (i.e. decide what she could earn if

she
worked and assume that she earns that amount), or her income may not be

used
is the state formula for determining CS. If the state with jurisdiction
uses the income shares formula, it is almost certain that the state will
impute her an income, because that can result in a greater CS obligation

for
him. This is a result of the assumption that the amount spent on the
children is directly proportional to the combined income of the parents.

My advice is to you is to stay out of the situation to the extent you are
able and learn to accept the fact that when it comes to CS, you and he

(and
any children you and he may have) are secondary when it come to the ex and
her children. One more thing, she, the ex, can say anything she wants,

but
it is only what the court orders that has any force.


Angel wrote in message
...
Hello,
I just came from a "mistake of fact hearing". I stood in for my new

husband.
And I got to met the ex. They way I had things figured was way off from
what there (CS & ex's) figures are. But when I spoke up and said

something
she (ex) laughed at me. As it turns out the state is right, so as to

what
there figures say. The ex belittled me right in front of the woman that

was
conducting the investigation. She said that her children come first,

before
the new wife. We also, have a modification coming up because the oldest
child is now 18 and graduated from school. The ex proceeded to tell me

that
she will fight the modification, and that here new husband doesn't
contribute to raising the children...But these children have expensive

cars
to drive and all the designer clothes that are on the market and the ex
doesn't work. The ex also, told me that my husband has no right to pay

for
my medical expenses or medicine when her children are to come first. I
broke down into tears after she left. I don't know which way to go as I

am
new to all of this CS stuff. Can some on please give me some suggestion

or
advice.
Thanks
Angel






  #13  
Old October 14th 03, 01:59 PM
Angel
external usenet poster
 
Posts: n/a
Default I need help with a question

Thanks for the info. Actually I am the third wife. Second wife is deceased.
I understand he has an obligation to his children. Like I said before the
1st ex just keeps coming after more and more. Plus she wants him in jail all
at the same time. It's pure greed. She wants us living on the street and
paying child support also.
And we are getting ready to get into a custody battle with deceased wife's
family to get his daughter back. They took her when second wife died and he
was in FL, helping his mother. This was last year before we met. They
pushed the guardianship threw with out him knowing, and I just recently went
to the court house to see if deceased wife had a will giving custody of
child to her family. I found the guardianship papers and no will. Aunt
filed the papers and it was approved in less than a month. Some days I don't
know if I am coming or going.
Any information is greatly appreciated.
Angel
"frazil" wrote in message
...
Ah welcome to the world of CS. As a second spouse you do come second.

Your
ex is required to pay his court ordered CS based on his income. That some
of his income supports you, is irrelevent for determining his CS

obligation.
Her statement that her new husband pays nothing towards raising the

children
is also irrelevent when determining his CS obligation, as is your income,
and the expensive cars and designer clothes. Further your medical

expenses
are secondary when it comes to his CS payment. IOW, he can pay your

medical
expenses, but can not use the fact of paying your medical expenses as a
reason not to pay his CS obligation.

The only factors you mention that are relevent to determining his CS
obligation a 1) the oldest child turning 18, and 2) the ex not

working.
Depending on what the CS order says, he may not be obligated for CS for

the
18 year-old, although many recent CS orders require CS for the 18 year old
if the 18 year old is enrolled in a post-secondary education program (i.e.
college, trade school, etc.) While the ex's unemployment is a factor, my
experience is that it will have little effect on what he pays, because the
state will impute an income for her (i.e. decide what she could earn if

she
worked and assume that she earns that amount), or her income may not be

used
is the state formula for determining CS. If the state with jurisdiction
uses the income shares formula, it is almost certain that the state will
impute her an income, because that can result in a greater CS obligation

for
him. This is a result of the assumption that the amount spent on the
children is directly proportional to the combined income of the parents.

My advice is to you is to stay out of the situation to the extent you are
able and learn to accept the fact that when it comes to CS, you and he

(and
any children you and he may have) are secondary when it come to the ex and
her children. One more thing, she, the ex, can say anything she wants,

but
it is only what the court orders that has any force.


Angel wrote in message
...
Hello,
I just came from a "mistake of fact hearing". I stood in for my new

husband.
And I got to met the ex. They way I had things figured was way off from
what there (CS & ex's) figures are. But when I spoke up and said

something
she (ex) laughed at me. As it turns out the state is right, so as to

what
there figures say. The ex belittled me right in front of the woman that

was
conducting the investigation. She said that her children come first,

before
the new wife. We also, have a modification coming up because the oldest
child is now 18 and graduated from school. The ex proceeded to tell me

that
she will fight the modification, and that here new husband doesn't
contribute to raising the children...But these children have expensive

cars
to drive and all the designer clothes that are on the market and the ex
doesn't work. The ex also, told me that my husband has no right to pay

for
my medical expenses or medicine when her children are to come first. I
broke down into tears after she left. I don't know which way to go as I

am
new to all of this CS stuff. Can some on please give me some suggestion

or
advice.
Thanks
Angel






  #14  
Old October 16th 03, 12:53 AM
AZ Astrea
external usenet poster
 
Posts: n/a
Default I need help with a question


"Angel" wrote in message
...
Thanks for the info. Actually I am the third wife. Second wife is

deceased.
I understand he has an obligation to his children. Like I said before the
1st ex just keeps coming after more and more. Plus she wants him in jail

all
at the same time. It's pure greed. She wants us living on the street and
paying child support also.
And we are getting ready to get into a custody battle with deceased wife's
family to get his daughter back. They took her when second wife died and

he
was in FL, helping his mother. This was last year before we met. They
pushed the guardianship threw with out him knowing, and I just recently

went
to the court house to see if deceased wife had a will giving custody of
child to her family. I found the guardianship papers and no will. Aunt
filed the papers and it was approved in less than a month. Some days I

don't
know if I am coming or going.
Any information is greatly appreciated.
Angel

-------------------------------------
Boy, do I know where you're coming from. I am a second wife, (well
wife-to-be), and we have been dealing with a lying and greedy ex for the
past six years. The cs was based on lies she said concerning her income. A
few months before the separation, they refinanced their house and to do that
she claimed an income of forty thoousand a year. Then, later that year when
she filed for divorce she suddenly had in income of four or five hundred a
month. They allowed her that amount even though she graduated from college
and is ten years older than he is. At the same time, they imputed an income
to him even though he was unemployed through no fault of his own. So the cs
was set up on totally wrong figures. And, since this is through the tribal
courts, of which she is part of "the ruling family", they ignored the fact
that she and each of her kids get an allotment from the tribe several times
a year,(she kept the allotments for all eight or nine of her kids for
herself), as well as ignoring that she receives almost five hundred a month
in SSD for the support of the youngest child who has down's syndrome.
She disappeared with the kids and it took us nearly five years to find them.
And until, Sept 9th we hadn't seen them and only talked to his eldest
daughter on the phone once. Now we have the middle daughter, fifteen years
old, living here with us. The ex couldn't handle her and so let her come
here. We are still paying over five hundred and fifty dollars a month
towards her support to the ex, who if she was the least bit decent would
send it back so we could have enough to buy her school clothes at a real
store instead of just thrift shops and give her lunch money instead of
having to pack a lunch everyday. But, of course she wouldn't do that.
And the problem is if we were to go back to court the cs amount would
probably go up and they would still take fifty percent of his paycheck plus
any tax refund. She is remarried and he works at the casino while she has
decided not to work but instead spends all her time and the money gambling.
Since there was an automatic arrearage when cs first began the possibilty of
jail and license loss has been hanging over our heads as well.
And I have been the one doing all the research and writing the motions,
(which were never filed), to try to reduce cs and perhaps to get custody.
He has a hard time understanding the laws and I love doing legal research so
it just naturally fell to me.

As for the second wife's family getting guardianship of the child, he should
stand a good chance of receiving custody. I don't think she could just
'will' the children to her family. Not without his permission. It's too
much like adopting the kid out so it definately requires his agreement. So I
would get that started right away, because the longer you wait the more
likely the court will think that you had no interest in the child because
you did nothing for so long and the child is used to living with her family
so they might rule in their favor.

I am buried in paperwork!

~AZ~


"frazil" wrote in message
...
Ah welcome to the world of CS. As a second spouse you do come second.

Your
ex is required to pay his court ordered CS based on his income. That

some
of his income supports you, is irrelevent for determining his CS

obligation.
Her statement that her new husband pays nothing towards raising the

children
is also irrelevent when determining his CS obligation, as is your

income,
and the expensive cars and designer clothes. Further your medical

expenses
are secondary when it comes to his CS payment. IOW, he can pay your

medical
expenses, but can not use the fact of paying your medical expenses as a
reason not to pay his CS obligation.

The only factors you mention that are relevent to determining his CS
obligation a 1) the oldest child turning 18, and 2) the ex not

working.
Depending on what the CS order says, he may not be obligated for CS for

the
18 year-old, although many recent CS orders require CS for the 18 year

old
if the 18 year old is enrolled in a post-secondary education program

(i.e.
college, trade school, etc.) While the ex's unemployment is a factor,

my
experience is that it will have little effect on what he pays, because

the
state will impute an income for her (i.e. decide what she could earn if

she
worked and assume that she earns that amount), or her income may not be

used
is the state formula for determining CS. If the state with jurisdiction
uses the income shares formula, it is almost certain that the state will
impute her an income, because that can result in a greater CS obligation

for
him. This is a result of the assumption that the amount spent on the
children is directly proportional to the combined income of the parents.

My advice is to you is to stay out of the situation to the extent you

are
able and learn to accept the fact that when it comes to CS, you and he

(and
any children you and he may have) are secondary when it come to the ex

and
her children. One more thing, she, the ex, can say anything she wants,

but
it is only what the court orders that has any force.


Angel wrote in message
...
Hello,
I just came from a "mistake of fact hearing". I stood in for my new

husband.
And I got to met the ex. They way I had things figured was way off

from
what there (CS & ex's) figures are. But when I spoke up and said

something
she (ex) laughed at me. As it turns out the state is right, so as to

what
there figures say. The ex belittled me right in front of the woman

that
was
conducting the investigation. She said that her children come first,

before
the new wife. We also, have a modification coming up because the

oldest
child is now 18 and graduated from school. The ex proceeded to tell

me
that
she will fight the modification, and that here new husband doesn't
contribute to raising the children...But these children have expensive

cars
to drive and all the designer clothes that are on the market and the

ex
doesn't work. The ex also, told me that my husband has no right to pay

for
my medical expenses or medicine when her children are to come first.

I
broke down into tears after she left. I don't know which way to go as

I
am
new to all of this CS stuff. Can some on please give me some

suggestion
or
advice.
Thanks
Angel








  #15  
Old October 16th 03, 12:53 AM
AZ Astrea
external usenet poster
 
Posts: n/a
Default I need help with a question


"Angel" wrote in message
...
Thanks for the info. Actually I am the third wife. Second wife is

deceased.
I understand he has an obligation to his children. Like I said before the
1st ex just keeps coming after more and more. Plus she wants him in jail

all
at the same time. It's pure greed. She wants us living on the street and
paying child support also.
And we are getting ready to get into a custody battle with deceased wife's
family to get his daughter back. They took her when second wife died and

he
was in FL, helping his mother. This was last year before we met. They
pushed the guardianship threw with out him knowing, and I just recently

went
to the court house to see if deceased wife had a will giving custody of
child to her family. I found the guardianship papers and no will. Aunt
filed the papers and it was approved in less than a month. Some days I

don't
know if I am coming or going.
Any information is greatly appreciated.
Angel

-------------------------------------
Boy, do I know where you're coming from. I am a second wife, (well
wife-to-be), and we have been dealing with a lying and greedy ex for the
past six years. The cs was based on lies she said concerning her income. A
few months before the separation, they refinanced their house and to do that
she claimed an income of forty thoousand a year. Then, later that year when
she filed for divorce she suddenly had in income of four or five hundred a
month. They allowed her that amount even though she graduated from college
and is ten years older than he is. At the same time, they imputed an income
to him even though he was unemployed through no fault of his own. So the cs
was set up on totally wrong figures. And, since this is through the tribal
courts, of which she is part of "the ruling family", they ignored the fact
that she and each of her kids get an allotment from the tribe several times
a year,(she kept the allotments for all eight or nine of her kids for
herself), as well as ignoring that she receives almost five hundred a month
in SSD for the support of the youngest child who has down's syndrome.
She disappeared with the kids and it took us nearly five years to find them.
And until, Sept 9th we hadn't seen them and only talked to his eldest
daughter on the phone once. Now we have the middle daughter, fifteen years
old, living here with us. The ex couldn't handle her and so let her come
here. We are still paying over five hundred and fifty dollars a month
towards her support to the ex, who if she was the least bit decent would
send it back so we could have enough to buy her school clothes at a real
store instead of just thrift shops and give her lunch money instead of
having to pack a lunch everyday. But, of course she wouldn't do that.
And the problem is if we were to go back to court the cs amount would
probably go up and they would still take fifty percent of his paycheck plus
any tax refund. She is remarried and he works at the casino while she has
decided not to work but instead spends all her time and the money gambling.
Since there was an automatic arrearage when cs first began the possibilty of
jail and license loss has been hanging over our heads as well.
And I have been the one doing all the research and writing the motions,
(which were never filed), to try to reduce cs and perhaps to get custody.
He has a hard time understanding the laws and I love doing legal research so
it just naturally fell to me.

As for the second wife's family getting guardianship of the child, he should
stand a good chance of receiving custody. I don't think she could just
'will' the children to her family. Not without his permission. It's too
much like adopting the kid out so it definately requires his agreement. So I
would get that started right away, because the longer you wait the more
likely the court will think that you had no interest in the child because
you did nothing for so long and the child is used to living with her family
so they might rule in their favor.

I am buried in paperwork!

~AZ~


"frazil" wrote in message
...
Ah welcome to the world of CS. As a second spouse you do come second.

Your
ex is required to pay his court ordered CS based on his income. That

some
of his income supports you, is irrelevent for determining his CS

obligation.
Her statement that her new husband pays nothing towards raising the

children
is also irrelevent when determining his CS obligation, as is your

income,
and the expensive cars and designer clothes. Further your medical

expenses
are secondary when it comes to his CS payment. IOW, he can pay your

medical
expenses, but can not use the fact of paying your medical expenses as a
reason not to pay his CS obligation.

The only factors you mention that are relevent to determining his CS
obligation a 1) the oldest child turning 18, and 2) the ex not

working.
Depending on what the CS order says, he may not be obligated for CS for

the
18 year-old, although many recent CS orders require CS for the 18 year

old
if the 18 year old is enrolled in a post-secondary education program

(i.e.
college, trade school, etc.) While the ex's unemployment is a factor,

my
experience is that it will have little effect on what he pays, because

the
state will impute an income for her (i.e. decide what she could earn if

she
worked and assume that she earns that amount), or her income may not be

used
is the state formula for determining CS. If the state with jurisdiction
uses the income shares formula, it is almost certain that the state will
impute her an income, because that can result in a greater CS obligation

for
him. This is a result of the assumption that the amount spent on the
children is directly proportional to the combined income of the parents.

My advice is to you is to stay out of the situation to the extent you

are
able and learn to accept the fact that when it comes to CS, you and he

(and
any children you and he may have) are secondary when it come to the ex

and
her children. One more thing, she, the ex, can say anything she wants,

but
it is only what the court orders that has any force.


Angel wrote in message
...
Hello,
I just came from a "mistake of fact hearing". I stood in for my new

husband.
And I got to met the ex. They way I had things figured was way off

from
what there (CS & ex's) figures are. But when I spoke up and said

something
she (ex) laughed at me. As it turns out the state is right, so as to

what
there figures say. The ex belittled me right in front of the woman

that
was
conducting the investigation. She said that her children come first,

before
the new wife. We also, have a modification coming up because the

oldest
child is now 18 and graduated from school. The ex proceeded to tell

me
that
she will fight the modification, and that here new husband doesn't
contribute to raising the children...But these children have expensive

cars
to drive and all the designer clothes that are on the market and the

ex
doesn't work. The ex also, told me that my husband has no right to pay

for
my medical expenses or medicine when her children are to come first.

I
broke down into tears after she left. I don't know which way to go as

I
am
new to all of this CS stuff. Can some on please give me some

suggestion
or
advice.
Thanks
Angel








  #16  
Old October 16th 03, 12:53 AM
AZ Astrea
external usenet poster
 
Posts: n/a
Default I need help with a question


"Angel" wrote in message
...
Thanks for the info. Actually I am the third wife. Second wife is

deceased.
I understand he has an obligation to his children. Like I said before the
1st ex just keeps coming after more and more. Plus she wants him in jail

all
at the same time. It's pure greed. She wants us living on the street and
paying child support also.
And we are getting ready to get into a custody battle with deceased wife's
family to get his daughter back. They took her when second wife died and

he
was in FL, helping his mother. This was last year before we met. They
pushed the guardianship threw with out him knowing, and I just recently

went
to the court house to see if deceased wife had a will giving custody of
child to her family. I found the guardianship papers and no will. Aunt
filed the papers and it was approved in less than a month. Some days I

don't
know if I am coming or going.
Any information is greatly appreciated.
Angel

-------------------------------------
Boy, do I know where you're coming from. I am a second wife, (well
wife-to-be), and we have been dealing with a lying and greedy ex for the
past six years. The cs was based on lies she said concerning her income. A
few months before the separation, they refinanced their house and to do that
she claimed an income of forty thoousand a year. Then, later that year when
she filed for divorce she suddenly had in income of four or five hundred a
month. They allowed her that amount even though she graduated from college
and is ten years older than he is. At the same time, they imputed an income
to him even though he was unemployed through no fault of his own. So the cs
was set up on totally wrong figures. And, since this is through the tribal
courts, of which she is part of "the ruling family", they ignored the fact
that she and each of her kids get an allotment from the tribe several times
a year,(she kept the allotments for all eight or nine of her kids for
herself), as well as ignoring that she receives almost five hundred a month
in SSD for the support of the youngest child who has down's syndrome.
She disappeared with the kids and it took us nearly five years to find them.
And until, Sept 9th we hadn't seen them and only talked to his eldest
daughter on the phone once. Now we have the middle daughter, fifteen years
old, living here with us. The ex couldn't handle her and so let her come
here. We are still paying over five hundred and fifty dollars a month
towards her support to the ex, who if she was the least bit decent would
send it back so we could have enough to buy her school clothes at a real
store instead of just thrift shops and give her lunch money instead of
having to pack a lunch everyday. But, of course she wouldn't do that.
And the problem is if we were to go back to court the cs amount would
probably go up and they would still take fifty percent of his paycheck plus
any tax refund. She is remarried and he works at the casino while she has
decided not to work but instead spends all her time and the money gambling.
Since there was an automatic arrearage when cs first began the possibilty of
jail and license loss has been hanging over our heads as well.
And I have been the one doing all the research and writing the motions,
(which were never filed), to try to reduce cs and perhaps to get custody.
He has a hard time understanding the laws and I love doing legal research so
it just naturally fell to me.

As for the second wife's family getting guardianship of the child, he should
stand a good chance of receiving custody. I don't think she could just
'will' the children to her family. Not without his permission. It's too
much like adopting the kid out so it definately requires his agreement. So I
would get that started right away, because the longer you wait the more
likely the court will think that you had no interest in the child because
you did nothing for so long and the child is used to living with her family
so they might rule in their favor.

I am buried in paperwork!

~AZ~


"frazil" wrote in message
...
Ah welcome to the world of CS. As a second spouse you do come second.

Your
ex is required to pay his court ordered CS based on his income. That

some
of his income supports you, is irrelevent for determining his CS

obligation.
Her statement that her new husband pays nothing towards raising the

children
is also irrelevent when determining his CS obligation, as is your

income,
and the expensive cars and designer clothes. Further your medical

expenses
are secondary when it comes to his CS payment. IOW, he can pay your

medical
expenses, but can not use the fact of paying your medical expenses as a
reason not to pay his CS obligation.

The only factors you mention that are relevent to determining his CS
obligation a 1) the oldest child turning 18, and 2) the ex not

working.
Depending on what the CS order says, he may not be obligated for CS for

the
18 year-old, although many recent CS orders require CS for the 18 year

old
if the 18 year old is enrolled in a post-secondary education program

(i.e.
college, trade school, etc.) While the ex's unemployment is a factor,

my
experience is that it will have little effect on what he pays, because

the
state will impute an income for her (i.e. decide what she could earn if

she
worked and assume that she earns that amount), or her income may not be

used
is the state formula for determining CS. If the state with jurisdiction
uses the income shares formula, it is almost certain that the state will
impute her an income, because that can result in a greater CS obligation

for
him. This is a result of the assumption that the amount spent on the
children is directly proportional to the combined income of the parents.

My advice is to you is to stay out of the situation to the extent you

are
able and learn to accept the fact that when it comes to CS, you and he

(and
any children you and he may have) are secondary when it come to the ex

and
her children. One more thing, she, the ex, can say anything she wants,

but
it is only what the court orders that has any force.


Angel wrote in message
...
Hello,
I just came from a "mistake of fact hearing". I stood in for my new

husband.
And I got to met the ex. They way I had things figured was way off

from
what there (CS & ex's) figures are. But when I spoke up and said

something
she (ex) laughed at me. As it turns out the state is right, so as to

what
there figures say. The ex belittled me right in front of the woman

that
was
conducting the investigation. She said that her children come first,

before
the new wife. We also, have a modification coming up because the

oldest
child is now 18 and graduated from school. The ex proceeded to tell

me
that
she will fight the modification, and that here new husband doesn't
contribute to raising the children...But these children have expensive

cars
to drive and all the designer clothes that are on the market and the

ex
doesn't work. The ex also, told me that my husband has no right to pay

for
my medical expenses or medicine when her children are to come first.

I
broke down into tears after she left. I don't know which way to go as

I
am
new to all of this CS stuff. Can some on please give me some

suggestion
or
advice.
Thanks
Angel








 




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